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Maule v. Independent School Dist. No. 9

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eBook details

  • Title: Maule v. Independent School Dist. No. 9
  • Author : In the Superior Court of Pennsylvania
  • Release Date : January 24, 1985
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 71 KB

Description

1 This appeal was lodged after the trial court refused to issue a writ of mandamus compelling the Union Board of Education (appellee-Board), to recognize the Union Federation of Teachers (appellants-UFT), as the bargaining representative for the teachers employed by Union School, Independent School District No. 9. The issue presented is the proper role of the Board in resolving the competing claims of rival labor organizations seeking to represent the teachers as their collective bargaining agent. We find that a local school board has an affirmative obligation to participate in the settlement of unresolved disputes between competing bargaining organizations, and that its responsibility to resolve an apparent impasse is prescribed by 70 O.S.Supp. 1982 ? 509.2 . We reach this conclusion because the alternative is to permit the application of a special law to teachers in only two school districts (in two counties) while denying the statutorially conferred benefits to the other six hundred and thirteen school districts (in seventy-five counties). This alternative is constitutionally unacceptable.


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