Gulnac by Gulnac v. South Butler County School Dist., No. 69

• Court: United States State Supreme Court of Pennsylvania
• Writing for the Court: Before NIX; PAPADAKOS; McDERMOTT
• Citation: 526 Pa. 483,587 A.2d 699
• Decision Date: 08 March 1991
• Docket Number: No. 69
• Parties: , 66 Ed. Law Rep. 679 Rebekah GULNAC, a minor and student, by John GULNAC, her parent and natural guardian, and John Gulnac in his own right; Bradley Habenicht, a minor and student, by Mary Clare Habenicht, his parent and natural guardian, and Mary Clare Habenicht in her own right; David M. Sinz, a minor and student, by David Sinz, his parent and natural guardian, and David Sinz in his own right; Amy Horne, a minor and student, by George Horne, her parent and natural guardian, and George Horne, in his own right, v. SOUTH BUTLER COUNTY SCHOOL DISTRICT; Directors of the South Butler County School District; Doris Antoszyk, Geraldine Freehling, Kathryn Helfer, Carl Jones, James Kennedy, Bonnie Miller, Erma Mowry, Richard Sefton and H.F. Westerman; South Butler County Education Association; and Jay Reinbolt, Ray Greco, Jacqueline Pieffer and Lynn Sontum, Officers of the South Butler Education Association, and All Unnamed Teachers and Professional Employees Who Are Employed by the South Butler County School District Who Are Members of the South Butler County School District. Appeal of SOUTH BUTLER COUNTY EDUCATION ASSOCIATION; and Jay Reinbolt, Ray Greco, Jacqueline Pieffer and Lynn Sontum, Officers of the South Butler Education Association, and All Unnamed Teachers and Professional Employees Who Are Employed by the South Butler County School District Who Are Members of the South Butler County School District. W.D. Appeal 1989.

Page 699

587 A.2d 699 526 Pa. 483, 66 Ed. Law Rep. 679 Rebekah GULNAC, a minor and student, by John GULNAC, her
parent and natural guardian, and John Gulnac in his own
right; Bradley Habenicht, a minor and student, by Mary
Clare Habenicht, his parent and natural guardian, and Mary
Clare Habenicht in her own right; David M. Sinz, a minor
and student, by David Sinz, his parent and natural guardian,
and David Sinz in his own right; Amy Horne, a minor and
student, by George Horne, her parent and natural guardian,
and George Horne, in his own right,
v.
SOUTH BUTLER COUNTY SCHOOL DISTRICT; Directors of the South
Butler County School District; Doris Antoszyk, Geraldine
Freehling, Kathryn Helfer, Carl Jones, James Kennedy, Bonnie
Miller, Erma Mowry, Richard Sefton and H.F. Westerman;
South Butler County Education Association; and Jay
Reinbolt, Ray Greco, Jacqueline Pieffer and Lynn Sontum,
Officers of the South Butler Education Association, and All
Unnamed Teachers and Professional Employees Who Are Employed
by the South Butler County School District Who Are Members
of the South Butler County School District.
Appeal of SOUTH BUTLER COUNTY EDUCATION ASSOCIATION; and
Jay Reinbolt, Ray Greco, Jacqueline Pieffer and Lynn Sontum,
Officers of the South Butler Education Association, and All
Unnamed Teachers and Professional Employees Who Are Employed
by the South Butler County School District Who Are Members
of the South Butler County School District. No. 69 W.D. Appeal 1989. Supreme Court of Pennsylvania. Argued Sept. 25, 1990.
Decided March 8, 1991.

Page 700

[526 Pa. 485] Ronald N. Watzman, Litman, Litman, Harris, Brown & Watzman, P.C., Daniel R. Delaney, Laubach, Fulton, Jeselnik & Delaney, Pittsburgh, for appellants.

Lynne L. Wilson, Mary Catherine Frye, Harrisburg, for amicus curiae Pennsylvania State Educ. Ass'n.

Louis Kushner, Alaine S. Williams, Pittsburgh, for amicus curiae Pennsylvania Federation of Teachers, Pennsylvania AFL-CIO.

Calvin R. Koons, Sandra W. Stoner, Office of Atty. Gen., Harrisburg.

William D. Kemper, Richard W. Givan, Gwilyn A. Price, III, Butler, for Rebekah Gulnac, et al.

Robert W. Beilstein, Harry K. McNamee, Thomas W. King, III, Pittsburgh, for South Butler County School Dist., et al.

Stephen S. Russell, New Cumberland, for amicus curiae Pennsylvania School Boards Ass'n.

David P. Andrews, Altoona, for amicus curiae, Penn. Cambria School Dist.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA, PAPADAKOS and CAPPY, JJ.

OPINION OF THE COURT

PAPADAKOS, Justice.

After having exhausted all statutory impasse procedures, Appellant, the South Butler Education Association, engaged in a work stoppage from January 16, 1989 until March 13, 1989, at which time the teachers, without a contract, voluntarily returned to work.

The South Butler County School District Board of School Directors, at no time, sought an injunction restraining the work stoppage. On or about February 15, 1989, Appellees, a number of parents and students, commenced an action in the Court of Common Pleas of Butler County to (a) enjoin [526 Pa. 486] the work stoppage and/or (b) declare the limited right of public school teachers to strike permitted by the Public Employee Relations Act (Act 195, 43 P.S. § 1101.1001, et seq.) to be repugnant to Article III, Section 14 of the Pennsylvania Constitution (which guarantees the right to an education). Subsequently, Appellees amended their complaint to include a count in mandamus to require the school board to seek an injunction to end the work stoppage. (Preliminary objections filed by both the Education Association and the School District were dismissed by the...