Summary
finding appeal from order granting preliminary injunction prohibiting a teachers' strike moot after the parties executed a collective bargaining agreement resolving the controversy
Summary of this case from Lico v. DougalOpinion
April 27, 1971.
October 12, 1971.
Appeals — Moot appeals — Equity — Preliminary injunction against strike — Appeal — Subsequent collective bargaining agreement executed by parties.
In this case, in which it appeared that plaintiff teachers union commenced a strike against defendant school district in support of wage and contract demands; that the court below subsequently issued a preliminary injunction, prohibiting any continuation of the strike, and an appeal was filed; and that after oral argument before the Supreme Court, a collective bargaining agreement was executed by the parties; it was Held that that agreement had resolved the controversy and rendered this appeal moot.
Before BELL, C. J., JONES, EAGEN, O'BRIEN, ROBERTS, POMEROY and BARBIERI, JJ.
Appeal, No. 257, Jan. T., 1971, from decree of Court of Common Pleas of Lackawanna County, Jan. T., 1971, No. 9, in re The School District of the City of Scranton v. Scranton Federation of Teachers, Local No. 1147, Robert K. Cavanaugh, President et al. Appeal dismissed without prejudice.
Equity. Before ROBINSON, P. J., CONABOY and KOSIK, JJ.
Order entered preliminarily enjoining defendants from striking. Defendants appealed.
Leonard M. Sagot, with him M. H. Goldstein, and Ettinger, Poserina, Silverman, Dubin, Anapol and Sagot, for appellants.
James A. Kelly, with him Kelly and Walker, for appellee.
On December 21, 1970, the Scranton Federation of Teachers Local No. 1147 commenced a strike against the Scranton School District in support of wage and contract demands. The Court of Common Pleas of Lackawanna County subsequently issued a preliminary injunction on January 18, 1971, prohibiting any continuation of the strike and this appeal was filed. Since oral argument before this Court on April 27, 1971, it has been brought to our attention that a collective bargaining agreement was executed by the parties on July 15, 1971. That agreement has resolved the controversy and renders this appeal moot. Taylor Fibre Co. v. Textile Workers Union of America, 395 Pa. 535, 151 A.2d 79 (1959); Glen Alden Coal Co. v. Anthracite Miners of America, 319 Pa. 192, 179 A. 446 (1935). See also, Samoff v. Int'l Ass'n of Machinists District Lodge No. 1, 420 F.2d 952 (3d Cir. 1969), cert denied 398 U.S. 965 (1970). The appeal is therefore dismissed without prejudice, each party to pay its own costs.