Opinion

Rylke v. Portage Area School District

  • 473 Pa. 481
  • 375 A.2d 692
  • 94 L.R.R.M. (BNA) 3136
  • 1977 Pa. LEXIS 747
Court
Supreme Court of Pennsylvania
Filed
Feb 28, 1977
Status
Published
Author
Eagen
On the bench
Jones, Eagen, O'Brien, Roberts, Pomeroy, Nix, Manderino
Cited by
25 cases
Authority
More cited than 9.6%

Although 43 P.S. § 1101.702 provides that public employers are not required to bargain over matters of “inherent managerial policy,” such terms do not encompass an employee’s suspension

How later courts described this case

  • Although 43 P.S. § 1101.702 provides that public employers are not required to bargain over matters of “inherent managerial policy,” such terms do not encompass an employee’s suspension

Written by the judges who cited it.

Distinguished

  • Distinguished by Ridley School District v. Ridley Education Ass'n, 84 Pa. Commw. 117 (1984)

    The School District argues, however, that Rylke is inapposite because of changes made in the School Code after the decision in Rylke and prior to the signing of the present collective bargaining agreement.
    Commonwealth Court of PennsylvaniaJul 19, 1984Read it

The opinion

EAGEN, Justice,

concurring.

While I did not or do not agree with the wisdom or logic of this Court’s decisions in Pennsylvania Labor Relations Board v. State College, 461 Pa. 494 , 337 A.2d 262 (1973) and Board of Education v. Philadelphia Federation of Teachers Local No. 3, 464 Pa. 92 , 346 A.2d 35 (1975), 1 in. view of the holdings in those cases, I feel compelled to concur in the result reached by Mr. Justice O’Brien in the present case.

. Mr. Justice Pomeroy and this writer declined to join in those decisions.

. See 464 Pa. 92, 108-16 , 346 A.2d 35, 43-48 (1975) (Pomeroy, J., dissenting); 461 Pa. 494 , 513 n. 1, 337 A.2d 262 , 271 n. 1 (1975) (Pomeroy, J., concurring). See also Milberry v. Board of Education of School District of Philadelphia, 467 Pa. 79, 85 , 354 A.2d 559, 563-64 (1976) (Pomeroy, J., concurring).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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