explaining that under sections 1201(a)(1) and (a)(5), the unlawful unilateral cessation of benefits occurs when the employer disrupts the status quo by failing to abide by the terms and conditions of an expired CBA during negotiations
How later courts described this case
- explaining that under sections 1201(a)(1) and (a)(5), the unlawful unilateral cessation of benefits occurs when the employer disrupts the status quo by failing to abide by the terms and conditions of an expired CBA during negotiations
- unilateral changes in terms and conditions of employment while negotiating new CBA changed status quo, which did not foster labor peace
- employer’s unilateral change in working conditions following the expiration of a collective agreement is an unfair labor practice
Written by the judges who cited it.
The opinion
LARSEN, Justice,
dissenting.
I dissent. This case is not ripe for decision since the Pennsylvania Labor Relations Board has not determined whether the teachers, by not attending the faculty, guidance staff, and parent-teachers’ association meetings, violated the contract in question. The case should be remanded to the Pennsylvania Labor Relations Board.
Further, since the contract had, in fact, expired, the school district was under no obligation to process the teachers’ grievance. This Court held in Appeal of Cumberland Valley School District, 483 Pa. 134 , 394 A.2d 946 (1978) that after a contract has expired, an employer can not make unilateral changes in such terms and conditions of employment as wages, health and life insurance benefits, and tuition reimbursements. Cumberland Valley does not require an em *383 ployer to maintain a grievance process after the termination of a contract.