A school board didn't violate labor laws when it sent a
memo directly to unionized teachers during stalled contract negotiations, a
Commonwealth Court panel has ruled.
That recent decision, outlined in an opinion by Judge
Patricia A. McCullough, overturns a Pennsylvania Labor Relations Board ruling
against the Erie County Technical School.
McCullough agreed with school officials that their memo
was "innocuous" and informative, not coercive as the teachers'
union and the PLRB contended.
School officials appealed to the state court after the
labor board found the sending A school board didn't commit an unfair labor
practice when it sent a memo directly to unionized teachers in the midst of
stalled contract negotiations, a Commonwealth Court panel has ruled.of the Dec.
11, 2015 memo constituted an unfair labor practice.
The memo outlined the latest failed contract negotiation
session, included a copy of the board's final offer and noted that retroactive
pay might not be offered if a settlement as not soon reached.
In finding against the school district, a labor board
hearing examiner concluded the memo contained a threat.
Yet McCullough noted that both sides agreed the memo was
an accurate account of what happened at the previous bargaining session. As the
judge noted, employers are "generally allowed to communicate" with
unionized employees during contract talks, but cannot make threats or try to
negotiate directly with union members.
Source: Penn
Live
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