Skyline of Richmond, Virginia

PSEA files lengthly complaint against Lackawanna College


JUNE 2013, Scranton/Wilkes-Barre/Hazleton Edition of The Union News

PSEA files lengthly complaint against Lackawanna College


REGION, May 27th- The Pennsylvania State Education Association (PSEA) labor organization filed a lengthly labor complaint with the National Labor Relations Board (NLRB) Region Four office in Philadelphia alleging a local higher education institution violated the National Labor Relations Act (NLRAct).

The Unfair Labor Practice (ULP) was filed by the PSEA, 1188 Highway Route 315 in Wilkes-Barre, against Lackawanna College, 501 Vine Street in Scranton on May 1st, 2013. The labor organization represents educators of Lackawanna College.

According to the complaint, which was discovered by the newspaper while reviewing ULP’s and petition‘s filed at the NLRB office, management Attorney Robert Ufberg represents the secondary education facility, which was once the site of Scranton Central High School.

The ULP was filed on behalf of the PSEA by Staff Attorney Jeffrey Husisian.

The two parties have been in labor contract negotiations for several years after the previous Collective Bargaining Agreement (CBA) expired on June 30th, 2010. The previous CBA provided that the terms and conditions would continue in effect until either party gave sixty days written notice of intent to terminate the agreement.

In February, 2012 management gave written notice that the CBA would expire on June 30th, 2012.

After June 30th, 2012 the two parties engaged in negotiations for a successor contract and regularly met for that purpose.

However, according to the ULP the College engaged in bad faith bargaining for a successor CBA including conducting surface and regressive bargaining.

On February 25th, 2013 Lackawanna College declared a impasse and unilaterally implemented new terms and conditions, which significantly changed the previous CBA working conditions language.

The PSEA alleges the implementation of the new terms and conditions are a violation of the NLRAct. According to the ULP, the PSEA alleges the two parties never reached a lawful impasse, therefore had no right to unilaterally implement the new contract language.

Also, the labor organization alleges the College has terminated at least two members of the PSEA pursuant to its implementation of the new terms and conditions which contains different provisions regarding tenure and job security.