Association of Pennsylvania State College and University Faculties v. Pennsylvania Labor Relations Board

Summary

This is a dissenting opinion by Justice Dougherty of the Supreme Court of Pennsylvania in an appeal concerning the Pennsylvania State System of Higher Education’s Protection of Minors Policy. The dissent concludes that applying the policy’s background-check and self-reporting requirements to employees exempt from the Child Protective Services Law should be subject to mandatory collective bargaining under the Public Employe Relations Act. It reasons that the policy’s effect on employees’ working conditions outweighs the State System’s managerial interest.

Holdings

1. The dissent would hold that applying the Policy to employees exempt from the Child Protective Services Law is subject to mandatory collective bargaining because the Policy materially affects their terms and conditions of employment and does not further an inherent managerial policy that outweighs those effects.

Questions Presented

1. Whether application of the Protection of Minors Policy to employees exempt from the Child Protective Services Law is a mandatory subject of collective bargaining under Sections 701 and 702 of the Public Employe Relations Act.
2. Whether the Policy implicates an inherent managerial policy that is exempt from mandatory collective bargaining.

Disposition

other