School District No. 4 v. Board of Personnel Appeals

I respectfully dissent.

Here the orders of the Board of Personnel Appeals provided in substance (1) that the Forsyth School District committed an unfair labor practice when it declined to pay an increased wage scale under an expired collective bargaining agreement and (2) to “cease and desist” from denying automatic step wage increments under an expired collective bargaining agreement. The majority have denied judicial review of the order on the basis of mootness because a new collective bargaining agreement has been negotiated.

Mootness is a matter of judicial policy, not constitutional law.…