West Shore School Dist. v. Pennsylvania Labor Relations Bd.

• Decision Date: 23 January 1990
• Parties: , 59 Ed. Law Rep. 104 WEST SHORE SCHOOL DISTRICT, Petitioner, v. PENNSYLVANIA LABOR RELATIONS BOARD and Those Persons Purporting to act on Behalf of Such an Entity and West Shore Education Association, Respondents. . Heard
• Court: Pennsylvania Commonwealth Court

Page 1354

570 A.2d 1354

131 Pa.Cmwlth. 476, 59 Ed. Law Rep. 104

WEST SHORE SCHOOL DISTRICT, Petitioner, v. PENNSYLVANIA LABOR RELATIONS BOARD and Those Persons

Purporting to act on Behalf of Such an Entity and

West Shore Education Association, Respondents.

Commonwealth Court of Pennsylvania.

Heard Jan. 23, 1990.

Decided Feb. 1, 1990.

Thomas A. Beckley, John G. Milakovic, Charles O. Beckley, II, Nora F. Blair and Michael D. Schultz, Beckley & Madden, Harrisburg, for petitioner.

Janice L. Anderson, Deputy Atty. Gen., John G. Knorr, III, Chief Deputy Atty. Gen., Chief of Litigation Section, and Ernest D. Preate, Jr., Atty. Gen., for respondent, Pennsylvania Labor Relations Bd.

Thomas W. Scott, Killian & Gephart, Harrisburg, for respondent, West Shore Educ. Ass'n.

PELLEGRINI, Judge.

West Shore School District (District) has filed a petition for review in the nature of an action in equity with a request for a declaratory relief against the Pennsylvania Labor Relations Board (PLRB) and the West Shore Education Association (Association), seeking to enjoin the issuance of any adjudications or conduct of any hearing on two unfair labor practices filed by the Association against the District. The District is now seeking a preliminary injunction because it claims that the PLRB no longer exists and that the PLRB has not been constitutionally re-established.

The Pennsylvania Sunset Act, Act of December 22, 1981, P.L. 508, as amended, 71 P.S. §§ 1795.1-1795.14 was enacted as part of a national legislative trend requiring periodic legislative review of the conduct, need, revision or even elimination of various administrative agencies. By 1986, thirty-five states had enacted similar legislation. Cloonan v. Thornburgh, 103 Pa.Commonwealth Ct. 1, 519 A.2d 1040 (1986). Consistent with the spirit behind its own passage, the Sunset Act expires on December 21, 1991, ten years after its effective date. Section 14 of the Sunset Act, 71 P.S. § 1795.14.

To trigger a review of these agencies, the General Assembly enacted a legislative scheme that set an initial review schedule and subsequent reviews every ten years. In either situation, unless an agency's existence was extended for another year by actions of the Leadership Committee, and then, within that year, either re-enacted by the General Assembly through legislation or through "Sunset Resolutions" passed by the House and the Senate reauthorizing the agency, the agency would automatically terminate. In accordance with the schedule of review set forth in the Sunset Act, the General Assembly has reevaluated every state administrative agency. It has re-enacted 58 and abolished seven agencies by legislation, terminated four through legislative inaction ¹, and reauthorized five, including the PLRB, through the "Sunset Resolution" process as provided for in subsection 7(b) of the Sunset Act. ² 71 P.S. § 1795.7(b). No further review of any administrative agency will take place under the provisions of the Sunset Act unless the Act is re-enacted.

In the instant case, the PLRB was due to expire on December 31, 1983. Section 6 of the Sunset Act, 71 P.S. § 1795.6. As authorized by Section 4 of the Sunset Act, 71 P.S. § 1795.4, the Leadership Committee, on January 25, 1984, extended the life of the PLRB for one year, or until December 31, 1984. On November 28, 1984, within the year and pursuant to Section 7 of the Act, 71 P.S. § 1795.7, the House and the Senate passed separate but identical resolutions titled Sunset Resolution 17. On December 30, 1984, Governor Thornburgh signed the Senate's Sunset Resolution 17. (Joint Exhibit 8). The House's Sunset Resolution 17 apparently was not presented to him for signature.

Recently, in Honorable Lucien Blackwell v. State Ethics Commission, --- Pa. ----, 567 A.2d 630 (1989) (Blackwell II ), the Supreme Court declared that Section 4(4) of the Sunset Act, which allowed the Sunset Leadership Committee to postpone the termination of an agency for up to one year, was unconstitutional because it sought to rest legislative power in the Leadership Committee contrary to the Pennsylvania Constitution, Art. II, § 1. This court, in Blackwell v. State Ethics Commission, --- Pa.Commonwealth Ct. ---, 569 A.2d 378 (1990), held that the Supreme Court's decision would only be applied prospectively.

In Americus Centre v. City of Allentown, 112 Pa.Commonwealth Ct. 308, 535

A.2d 1200 (1988), we recently reiterated our holding in T.W. Phillips Gas and Oil Co. v. Peoples Natural Gas Co., 89 Pa.Commonwealth Ct. 377, 492 A.2d 776 (1985), that a preliminary injunction may only be granted where:

1. the relief is necessary to prevent immediate and irreparable harm which cannot be compensated by damages;

2. greater injury will occur from refusing the injunction than from granting it;

3. the injunction will restore the parties to the status quo as it existed immediately before the alleged wrongful conduct;

4. the alleged wrong is manifest, and the injunction is reasonably suited to abate it; and

5. the plaintiff's right to relief is clear.

Americus Centre, 112 Pa.Commonwealth Ct. at 314, 535 A.2d at 1203.

In Americus Centre, we noted that in order to demonstrate a clear right to relief, the party seeking a preliminary injunction need not demonstrate an absolute right to relief. If the party has met the other requirements for a preliminary injunction and the underlying cause of action raises important legal questions, the right to relief is clear. Americus Centre, 112 Pa.Commonwealth Ct. at 318-19, 535 A.2d at 1205.

For the District to establish that its right to relief is clear, it must establish that the action taken by the House and the Senate in passing their respective resolutions was either unconstitutional or in excess of their legislative power.

The District contends that its right to relief is clear, because it asserts that Blackwell declares unconstitutional the Sunset Leadership Committee extensions of the PLRB's existence. Consequently, the District argues that the PLRB went out of existence by operation of the Sunset Act on December 31, 1983. Because the PLRB was no longer in existence, the District submits that the House and Senate were without power to pass the Sunset Resolution continuing the PLRB's existence for ten more years.

The PLRB, through the Attorney General and the Association, both contend that the sunset resolutions, passed by the General Assembly, have the same force and effect as an "Act" and, therefore, the Blackwell created hiatus in existence makes no difference. The Association, however, further asserts if the Sunset Resolution is declared to be unconstitutional, then the entire Sunset Act should be declared unconstitutional. The Association advances the proposition that, since the Leadership Committee extensions are already unconstitutional, and should this Court likewise find the resolution method of reauthorizing an agency unconstitutional, the remaining provisions of the Sunset Act would no longer represent the intent of the legislature. Therefore, the Act must be held unconstitutional.

In ascertaining whether there is any merit to the District's claim that the Sunset Resolution is invalid or unconstitutional, the legal effect of "Sunset Resolutions" must first be examined. "Sunset Resolutions" are authorized by Section 7(b) of the Act, 71 P.S. § 1795.7(b), which provides:

Unless legislation is enacted prior to November 1, reestablishing an agency as provided in subsection (a), the presiding officer of each House shall cause to be placed on their respective calendars for the first legislative day in November, the question, in the form of a resolution, of whether an agency scheduled for termination on December 31 of that year shall be continued. If a majority of the members elected to each House approve such a resolution prior to the scheduled termination date of December 31, the agency shall be continued until the next review and termination cycle scheduled for said agency. (Emphasis added.)

In carrying out its business, the General Assembly uses resolutions for a variety of purposes. See generally 101 Pa.Code Pt. 1, Ch. 9. Single house resolutions are introduced into either house, do not contemplate concurrence, and are used to carry out the respective house's business. 101 Pa.Code § 9.42. The General Assembly uses joint resolutions for the sole purpose of proposing constitutional amendments. 101 Pa.Code § 9.41. A concurrent resolution is a written resolution introduced into either house and requires or contemplates the concensus by the other house. 101 Pa.Code § 9.43. They are commonly used for recalling or returning bills to the Governor, adjournments or other internal operation matters of the General Assembly. A Sunset Resolution is a separate type of resolution created by the Sunset Act to provide a method to continue agencies for a period of ten years. Identical resolutions are introduced in the House and Senate, and if they are not passed within an allotted time period, the affected agency expires. 101 Pa.Code §§ 9.221-9.225.

In McGinley v. Scott, 401 Pa. 310, 164 A.2d 424 (1960), our Supreme Court set forth the differentiation that exists between laws and resolutions. The Supreme Court stated (401 Pa. at 320-321, 164 A.2d at 430):

[t]he differences between laws and resolutions are fundamental ... In Scudder v. Smith, 331 Pa. 165, 170, 200 A. 601, 604, this court, in pointing out the differences between a law and a resolution, said: "Section 1 of Article III of the Constitution provides: 'No law shall be passed except by Bill, and no Bill shall be so altered, or amended, on its passage through either House, as to change its original purpose.' In the Southwark Bank v. The Commonwealth, 26 Pa. 446, 450, this court said: 'A bill is the draft or form of an act presented to the legislature, but not enacted. An "act" is the appropriate term for it after it has been acted on by, and passed, the legislature. It is...