The Pennsylvania Labor Relations Board ruled that the school district had committed an unfair labor practice by unilaterally invoking a ban on smoking in the school district’s buildings.  The policy applied to all employees and provided for disciplinary action for violations.  On appeal, the Court of Common Please reversed the Board’s decision.  In a consolidated appeal, the Commonwealth Court of Pennsylvania  affirmed the trial court’s order, ruling that “in striking a balance the educational motive behind the policy outweighs any impact on the employees’ interests,” and, thus the Court concluded “that the smoking ban is an inherent managerial policy and not a mandatory subject of bargaining.”

430 A.2d 740, 60 Pa. Commw. 29, 1981 Pa. Commw. LEXIS 1554.