PFT files legal response to SRC’s contract cancellation

This article was originally published in The Notebook. In August 2020, The Notebook became Chalkbeat Philadelphia.

The Philadelphia Federation of Teachers has filed a multi-pronged response to the School Reform Commission’s move to cancel its contract.

Primarily, the union is challenging the District’s gambit of going directly to Commonwealth Court with its action, bypassing the traditional labor relations process for settling contract disputes. The PFT is responding with motions to Commonwealth Court, the local Court of Common Pleas, the Pennsylvania Labor Relations Board, and the American Arbitration Association.

“We feel the SRC’s attack last week was not only cowardly and disrespectful, but lacking legal merit,” said PFT president Jerry Jordan in a statement.

In several motions, the PFT is asking Commonwealth Court to relieve itself of jurisdiction and transfer the case to Common Pleas Court. The union argues that there should first be arbitration and proceedings with the Pennsylvania Labor Relations Board. It is also asking that court to dismiss the Pennsylvania Department of Education as a party to the action, saying that the SRC added it only to justify taking the case directly to state court. The pleading calls the SRC action "a brazen and transparent exercise in judicial forum shopping."

It also says: "The SRC never advised the PFT that it believed negotiations were at an impasse and never submitted to the PFT a last, best, final offer."

The union also wants expedited action.

At the same time, it asked Common Pleas Court to halt any planned contract changes until a labor relations process goes forward.

Union lawyers also filed with the PLRB accusing the SRC of bad-faith bargaining and with the American Arbitration Association seeking expedited arbitration.

SRC Chairman Bill Green said that the reason for secrecy before the Oct. 6 meeting where the SRC voted to cancel the contract was that it concerned a "legal matter." The SRC has repeatedly sought to have higher courts clarify its powers regarding its union contracts rather than seek resolution through the local labor relations process.