# Commonwealth v. Neshaminy School District

> Commonwealth Court of Pennsylvania · June 15, 1979 · 43 Pa. Commw. 377

URL: https://www.frixlaw.com/law-library/cases/6365362

## Case

- **Full name:** Commonwealth of Pennsylvania, Pennsylvania Labor Relations Board v. Neshaminy School District
- **Court:** Commonwealth Court of Pennsylvania
- **Decided:** June 15, 1979
- **Citations:** 43 Pa. Commw. 377; 403 A.2d 1003; 1979 Pa. Commw. LEXIS 1655
- **Precedential status:** Published
- **Opinion:** Concurrence by Craig
- **Judges:** Blatt, Bowman, Craig, Crumlish, Disalle, MacPhail, Mencer, Rogers, Wilkinson
- **Cited by:** 3 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/6365362

## Opinion text

Concurring Opinion by
Judge Craig:
I am in agreement with the decision of the majority here, primarily on the basis that, with two alternative remedies available, 1 the employee is limited to the one remedy which he elected and pursued to its conclusion.
I believe it well to note that language in a collective bargaining agreement referring to the Public School Code in terms like those of Section 4-1 of the collective bargaining agreement in this case (quoted in the ma *383 jority opinion) does not cause the statutory remedy— the one elected here — to be exclusive, as against the option to pursue grievance arbitration under the agreement. With collective bargaining agreement language similar to that involved here, the alternative remedies remain available. Rylke v. Portage Area School District, 473 Pa. 481 , 375 A.2d 692 (1977).
Section 11-1151 of the Public School Code, Act of March 10, 1949, P.L. 30, as amended, 24 P.S. §11-1151, which, as noted in the majority opinion, governs the demotion here, incorporates the Code’s procedures and standards on dismissals, §§11-1127 — 11-1129, embodying in essence the same “just cause” standard as that which was expressed in the collective bargaining agreement in this case.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6365362. Public record. Not legal advice.