The Pittsburgh Press from Pittsburgh, Pennsylvania • Page 9

The Pittsburgh Press Section Saturday. October 18. 1986 Mediator oversees talks in METRO BRIEFS hearings on the strike and the injunction request that the teachers' right to strike was cloudy and should be clarified by the state Legislature. He also mentioned in his lengthy opinion yesterday that Act 195, the law that gave teachers the right to strike, should be changed. Both Dimond and Jordan said they believe Narick's concern about Act 195 entered into his decision.

After the hearing, Narick said Act 195 should be clarified, but declined to say how. Lawyers on both sides said Narick's decision was precedent-setting. But Bob Baldis, executive director of the Pennsylvania State Education Association, the state's largest Stephen Jordan, attorney for the teachers, said he "was certainly asking for what the judge granted, but I have to be surprised because other judges have said there is nothing they can do and granted the injunction." He said Narick "took another view" and was "courageous for going in a new direction." Narick, in an interview yesterday, said he didn't feel courageous but thought "the ruling that was required was a little bit different" than in previous cases. "I tried to address the issues the way they should be addressed," Narick said. Narick repeatedly said during By Dan Donovan The Pittsburgh Press The Bethel Park School Board says it is processing applications of substitute teachers "with the hope of opening additional classes as soon as possible." Seniors in the strikebound school district have been attending classes taught by administrators and substitute teachers since Sept.

10. The board also has appealed Common Pleas Judge Emil Narick's decision yesterday to deny an injunction that would have forced the teachers back to school. And in further developments, state mediator James Rush has arranged a Arson suspected in Mt. Oliver fire it ft ill u. By Mike Hasch The Pittsburgh Press For the third night in a row, area arson investigators and firefighters were kept busy with a fire they labeled "suspicious." Three business establishments and some apartments at 158 and 160 Brownsville Road, Mount Oliver, were heavily damaged by a fire that broke out shortly before 4:30 a.m.

today. Although firefighters from Mount Oliver, Brentwood and Baldwin were still battling the flames this morning, they believe that all residents escaped safely. Today's fire, which is being investigated by the county fire marshal, broke out only a block away from the corner of Zara and Amanda streets where a three-alarm fire yesterday morning caused extensive damage to a structure housing a bar and several apartments in the city's Knoxville section. negotiating session today in the 7-week-old strike. Narick ruled that the loss of state subsidies the district will suffer if it does not provide the state-required 180 days of education does not present a "clear and present danger to the community." Arthur Dimond, who represented the school board, said he will appeal Narick's decision because "it is at odds with the writings of the Commonwealth Court." Dimond said the court previously ruled in a case involving the Jersey Shore School District in Lycoming County that the loss of state subsidies alone is reason enough to force the teachers back to school.

if ft tt way ELECTION '86 1 4 Coroner to investigate McKees Rocks death Bethel teachers union, said Narick was acting in the tradition of Western Pennsylvania judges, who have denied injunctions before. "Perhaps it is because of long labor union history in this area," said Baldis, whose union does not represent Bethel Park, "but the judges here know an injunction does not solve a problem, it only exacerbates it. If you send people back to the classroom without a contract, the problem is still there." Baldis said judges have denied injunctions in Ringgold, Elizabeth, McKeesport, Wilkinsburg and Greensburg school districts, preferring to work with both sides to reach an agreement. Thursday morning, one of a series of arson-caused fires in the city's East End claimed the life of one man and injured another. Mount Oliver authorities this morning were not prepared to call the latest fire an arson, but they said it was suspicious.

Officials believe the fire broke out in a building housing Yvonne's Beauty Salon and quickly spread to an adjoining two-story building housing Angelo's Pizza House and some apartments at the corner of Walnut Street and Brownsville Road. When Mount Oliver police arrived, they helped evacuate the residents, including children, from the apartments, but it was unknown exactly how many persons were left homeless by the fire. Yesterday's fire at Elmo's Bar Grill apparently started on the outside of the building and burned its way inside the building, forcing two second-floor residents to flee, city firefighters said. had patched things up and were contemplating marriage." Brennan said Colton had been drinking before the shooting. "She apparently had gone to his house to confront him about his seeing another girl.

He was remorseful and said he was no good and was going to shoot himself," Brennan said. "He had the gun, but she took it of him and made some remark to the effect that, 'You're not going to shoot yourself, I'm going to shoot Brennan said the woman was unfamiliar with weapons and "may not have deliberately wanted to shoot herself. But the consensus (among investigators) is her death was suicide." Brennan said Colton, who "had a good reputation as a cop," and Miss Franc were six or seven feet apart at the time of the shooting. On Tuesday McKees Rocks Borough Council suspended Colton for a year without pay and benefits. The reason cited was "conduct unbecoming of an officer." Associated Press Fire victim State police have identified a man who died in a Fayette County house fire as Gary Rouse, 44, and have determined the fire was caused by sparks from a fireplace.

Rouse, of Fairbanks, Fayette County, was sleeping on the living room couch at the home of a friend yesterday when the fire broke out. The state fire marshal said the fireplace was not screened. Lanes closed The northbound lanes of Buttermilk Hollow Road in West MJflin, between Lebanon Church Road and PittsburghMcKeesport Boulevard, will be closed from 7 a.m. to 4 p.m. Monday and Tuesday for resurfacing.

Fraud sentence The owner of a North Side pharmacy who pleaded no-contest to nine counts of Medicaid fraud and a charge of violating drug laws has been sentenced to 20 years on probation, Attorney General LeRoy S. Zimmerman announced. Gary J. Fischer, 41, of 2349 James Drive, Franklin Park, also was ordered to pay $58,000 restitution by Common Pleas Judge Loran L. Lewis.

Zimmerman said Fischer, owner of Fischer Pharmacy, 1614 Lowrie billed Medicaid for 560 false prescriptions for one patient between April 1983 and June 1985. 2nd transplant A Utah woman underwent a second heart transplant yesterday less than 48 hours after undergoing a heart-lungs transplant, officials said. Nancy Tracy, 50, was in critical condition at Presbyterian-University Hospital, said hospital spokesman Tom Chakurda. "This is the first time in our heart-lung transplant program that a measure of this type has been taken to save a patient's life," Chakurda said. Mrs.

Tracy, a housewife, underwent a heart-lungs transplant late Wednesday night and early Thursday morning. The first heart failed to function, Chakurda said. The second surgery took about six hours and ended yesterday afternoon. Malady Bridge The Elizabeth bridge that carries Route 51 over the Monongahela River was officially named the Regis R. Malady Bridge yesterday in honor of the former mayor of Elizabeth and state representative from 1969 to 1974.

Malady died in April 1985. His widow, Virginia, and eight children attended a ceremony at Elizabeth's Riverfront Park, where Malady was posthumously honored by Sen. Edward P. Zemprelli, D-Clairton; state Rep. David Lev-dansky, D-Elizabeth; and County Commissioner Barbara Hafer, an Elizabeth Township resident.

All four lanes of the bridge, used by an average 30,000 vehicles a day, reopened recently following a two-year, $8.2 million rehabilitation. Watered doim The Public Utility Commission's trial staff said an $8.2 million rate increase sought by Western Pennsylvania Water Co. should be cut in half. In a brief filed yesterday with PUC Administrative Law Judge Larry Gesof the PUC staff said its review of the company's revenues, expenses and taxes showed the increase should be cut to $4 million. PUC spokesman David Bramson said the company initially filed for a $9.6 million rate hike in June, but has revised the request downward to reflect changed operating conditions.

The company services 247,000 customers in 1 2 counties. Fatal crashes A Westmoreland County man, Timothy Smartnick, 27, of Pleasant Unity, was killed in a collision between a Jeep and a car about 3:25 p.m. yesterday at the intersection of Route 30 and County Road in Unity Township, about four miles east of Greensburg. David Shaw, 59, of RD 1 Hickory, Washington County, was killed when his car and a tractor-trailer collided about 2:30 p.m. yesterday along Route 18 near Hickory.

A 4r i Carol MortonThe Pittsburgh Press -'v By Robert Johnson The Pittsburgh Press Coroner Joshua Perper says he will hold an inquest in the case of a woman killed during a domestic dispute with a McKees Rocks police officer. "There definitely will be an inquest because both the family (of the victim, Charlotte Franc) and I have some questions about the circumstances of the death," Perper said yesterday. Miss Franc, 31, formerly of the West End, suffered a fatal gunshot wound in the home of Clenzo Colton, 53, of 330 Dell McKees Rocks, early Sept. 7. Colton has been suspended since the incident.

Coroner's officials said Miss Franc died of a gunshot wound to the head. They have listed the manner of death as "undetermined." Lt. John Brennan, head of county homicide detectives, said Colton and Miss Franc "had been going together on and off for about five years. They had their problems but supposedly Paving the To assure that pedestrians had a smooth place to walk when Penn Avenue in East Liberty officially reopened today, cement finishers Anthony Marshman, left, and Joseph Scialli put finishing touches on the sidewalk between Highland Avenue and Whitfield Street. Casey 'deplores' posters attacking Scranton WW! i 1 'jUjl PH 1 1 nM 1 lj 4 i 1 I I 3 1 too" were found on telephone poles in Philadelphia and Pittsburgh yesterday.

Copies were also mailed to reporters around the state. Scranton is the son of wealthy former Gov. William Scranton. Keller said he had no knowledge of those posters. Casey's campaign manager, James Carville, said yesterday federal or state authorities should investigate since bogus material was sent through the mail.

"Everybody ought to take the thing and give it its due and throw it in the trash or flush it down the toilet," Carville said, adding he suspected somebody might have been trying to torpedo Casey's campaign by launching the attack on Scranton. "This did not originate with people who have Mr. Casey's own interest at heart," Carville said. AFSCME said it did not contact the Casey campaign about the material. The fliers and posters were the latest in what has become largely a negative campaign between Casey TV ads critical of Scranton's record as lieutenant governor and Scranton TV spots that criticize Casey's tenure as state auditor general.

SCRANTON (AP) Democratic gubernatorial candidate Robert P. Casey has asked his supporters to stop circulating what his Republican opponent calls "some of the most scurrilous literature I've seen in any campaign." There was no indication, however, that the war of TV ads between the two candidates would abate as the campaign neared the final two weeks before the Nov. 4 election. GOP candidate William W. Scranton III charged this week that some posters and fliers distributed by Casey backers were in bad taste and unfair.

The materials ridiculed Scranton's past drug use, his Vietnam-era military deferment and his wealthy background. "We have supporters all across the state," Casey said yesterday. "We can't be expected to know every activity that is going on. As soon as we learned of it, we instructed that it be discontinued. "Certainly our campaign doesn't approve of it," Casey said.

"I deplore the practice." Some of the fliers show side-by-side caricatures of Scranton as a hippie and in a business suit. They carry a caption that says, "He ran away, while millions served their country." Scranton, a liberal during his college years, said he received a medical deferment because of asthma and allergies. A second leaflet shows a montage of headlines about the 39-year-old candidate's admitted drug use in the late 1960s and early 1970s. Printed in the lower right-hand corner is "Paid for by AFSCME." Edward Keller, executive director of Council 13 of the American Federation of State, County and Municipal Employees, said late yesterday that his union paid for and distributed to members at least 8,000 fliers fitting those descriptions. Keller and other AFSCME officials didn't return telephone calls yesterday after Casey's request to stop using the materials.

AFSCME Council 13, with 72,000 members statewide, has endorsed Casey in the Nov. 4 election. Posters that show a longhaired hippie smoking a marijuana cigarette and carry the caption, "If my daddy had a million bucks, I'd run for office, Vice President George Bush, left, greeted Sen. Aden Specter, yesterday at a fund-raising party for Specter's re-election campaign in Altoo-na. Story, page B3.