Midland Borough School District v. Commonwealth

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?

In agreement with the decision of the Pennsylvania Labor Relations Board (PLRB) that such an action is equivalent to contracting out bargaining unit work and is therefore a subject for…