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PENN. STATE U. v. DEPT. OF LAB. & IND.

No. 2175 C.D. 1986, 2176 C.D. 1986 and 2410 C.D. 1986.

113 Pa.Commw. 119 (1988)

536 A.2d 852

The Pennsylvania State University, Petitioner v. Commonwealth of Pennsylvania, Department of Labor and Industry, Bureau of Labor Standards, Respondent. The Pennsylvania State University, Petitioner v. Commonwealth of Pennsylvania, Department of Labor and Industry, Bureau of Labor Standards, Respondent. The Pennsylvania State University, Petitioner v. Commonwealth of Pennsylvania, Department of Labor and Industry, Bureau of Labor Standards, Respondent.

Commonwealth Court of Pennsylvania.

January 27, 1988.

Attorney(s) appearing for the Case

Wendell V. Courtney, McQuaide, Blasko, Schwartz, Fleming & Faulkner, Inc., for petitioner.

Richard C. Lengler, Assistant Counsel, with him, Peter C. Layman, Chief Counsel, for respondent.

John D. Killian, with him, Ronda K. Kiser, Killian & Gephart, for intervenor, Nancy J. Treat.

Mary Jane Forbes, with her, Robert A. Mills, McNees, Wallace & Nurick, for amicus curiae, Pennsylvania Association of Colleges and Universities.

Argued November 18, 1987, before President Judge CRUMLISH, JR., and Judges CRAIG, MacPHAIL, DOYLE, BARRY, COLINS and PALLADINO.

OPINION BY JUDGE PALLADINO, January 27, 1988:

Pennsylvania State University (Petitioner) appeals an order of the Department of Labor and Industry, Bureau of Labor Standards (Bureau) requiring Petitioner to allow Nancy J. Treat, William J. Kienzle, Jr., and Steven Stack (Respondents) to examine certain tenure reports.

Respondents were employed as nontenured professors by Petitioner.1 According to Petitioner's regulations and procedures...

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