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MIDLAND BOR. SCH. D. v. LABOR REL. BD.

126 Pa.Commw. 537 (1989)

560 A.2d 303

MIDLAND BOROUGH SCHOOL DISTRICT v. COMMONWEALTH of Pennsylvania, PENNSYLVANIA LABOR RELATIONS BOARD. Appeal of MIDLAND EDUCATION ASSOCIATION, PSEA/NEA. COMMONWEALTH of Pennsylvania, PENNSYLVANIA LABOR RELATIONS BOARD, Appellant, v. MIDLAND BOROUGH SCHOOL DISTRICT, Appellee.

Commonwealth Court of Pennsylvania.

Decided June 21, 1989.

Attorney(s) appearing for the Case

Richard E. Davis, Sol., Midland, for appellee, Midland Borough School Dist.

James L. Crawford, Lisa K. Essman, Harrisburg, for appellant/appellee, Labor Relations Bd.

William J. Maikovich, New Brighton, for appellant, Midland Educ. Ass'n.

Before CRAIG and DOYLE, JJ., and KALISH, Senior Judge.

CRAIG, Judge.

When a school district resolves to send ("tuition out") all of its students in grades 7-12 to a neighboring school district for their public education, is that action subject to collective bargaining with the teachers' union under section 701 of the Public Employee Relations Act (PERA),1 or is it a matter of inherent managerial policy under section 702,2 subject only to meet-and-discuss procedures...

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