Legal Opinion · Dissent

Ferry v. Commonwealth

Commonwealth Court of Pennsylvania

Decided July 2, 1990No. 1727 C.D. 1989Published

1DissentSilvestri, Senior Judge

We adopt the facts as stated in the majority opinion, but reference the next scheduled work day, April 4, 1988, omitted by the majority. On that date, as on March 31, 1988, the same situation occurred; the teachers attempted to return to work but were prevented access.

The majority focuses on an agreement entered into between the teachers and the school district in which the teachers agreed to provide 72 hour notice to the school district in advance of any strike. The majority calls this a “modification” to the status quo of the pre-existing contract and determined that this agreement must be…

2Cases cited3 opinions

  1. Erie Forge & Steel Corp. v. Unemployment Compensation Board of ReviewSupreme Court of Pennsylvania · 1960
  2. Fairview School District v. Commonwealth, Unemployment Compensation Board of ReviewSupreme Court of Pennsylvania · 1982
  3. Abington School District v. Commonwealth, Unemployment Compensation Board of ReviewCommonwealth Court of Pennsylvania · 1987

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