# Bellefonte Area School Board v. Bellefonte Area Education Ass'n

> Commonwealth Court of Pennsylvania · May 23, 1973 · 9 Pa. Commw. 210

URL: https://www.frixlaw.com/law-library/cases/6361315

## Case

- **Full name:** Bellefonte Area School Board v. The Bellefonte Area Education Association
- **Court:** Commonwealth Court of Pennsylvania
- **Decided:** May 23, 1973
- **Citations:** 9 Pa. Commw. 210; 304 A.2d 922; 83 L.R.R.M. (BNA) 2974; 1973 Pa. Commw. LEXIS 610
- **Precedential status:** Published
- **Opinion:** Concurring in part by Bowman
- **Judges:** Aud, Blatt, Bowman, Crumlish, Kramer, Mencer, Rogers, Wilkinson
- **Cited by:** 11 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6361315

## Opinion text

Concurring and Dissenting Opinion by
President Judge Bowman:
I concur in the majority conclusion that the strike in question did not constitute a clear and present danger or threat to the health, safety or welfare of the pub- *221 lie at the time the strike was the subject of injunction proceedings. I must respectfully dissent, however, from the majority interpretation of Section 802 of the Act. I do agree with the majority that Section 802 clearly leaves the decision of whether a fact-finding panel should be appointed with the Board. I cannot agree that its non-action constitutes a determination that fact-finding should not be employed in this case or in any case in which it has not on its own motion, or in response to a request by one or both of the parties to a dispute, affirmatively made this critical determination.
This third step, recognized and prescribed by the Legislature for resolution of issues in the collective bargaining process, should not be so lightly set aside or made inoperative. It may very well be the step in the bargaining process which will resolve the dispute short of a strike and is clearly the only step prescribed by which the public is made aware of the issues which necessarily directly concern it as well as the public employers and employees concerned. For this reason I would affirm the order of the lower court.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6361315. Public record. Not legal advice.