Summary
In Butler Area School District, a ruling by the Court of Common Pleas of Butler County that the Public Employe Relations Act was unconstitutional, insofar as it provides for the right to strike by teachers, was held to be improvident where that issue was not raised by the parties, and Wiegand v. Wiegand, supra, was cited as the authority for the holding.
Summary of this case from Wesolek v. Shaler Twp. et alOpinion
Argued September 21, 1978.
Decided September 22, 1978.
Appeal from the Court of Common Pleas of Butler County, Civil Division-Equity at No. 78-002, George P. Kiester, President Judge, and John A. Cherry, Sr., J.
Ronald N. Watzman, Daniel R. Delaney, Pittsburgh, for Butler Ed. Ass'n.
Robert P. Kane, Atty. Gen., Paul Schilling, Deputy Atty. Gen., Jack G. Handler, Harrisburg, for Com. of Pa.
Charles E. Dillon, Thomas W. King, III, Dillon, McCandless, King Kemper, Butler, for Butler Area School Dist.
Leonard M. Sagot, Thomas W. Jennings, Philadelphia, for amicus curiae Pa. Federation of Teachers, AFT, AFL-CIO.
Jerome H. Gerber, James L. Cowden, Harrisburg, for amicus curiae Pa. AFL-CIO.
Michael I. Levin, Harrisburg, for amicus curiae Pa. School Boards Ass'n.
OPINION OF THE COURT
The Court of Common Pleas of Butler County ruled that the Public Employe Relations Act of July 23, 1970, P.L. 563, 43 P. S. § 1101 et seq., was unconstitutional in so far as it provides for the right to strike by teachers. This ruling was improvident, Wiegand v. Wiegand, 461 Pa. 482, 337 A.2d 256 (1975), and is declared of no effect.
Since the other issues posed by these appeals are now moot, the appeals are dismissed.
Each party to pay own costs.