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JUDITH A. SHIVE v. BELLEFONTE AREA BOARD SCHOOL DIRECTORS (03/27/74)

decided: March 27, 1974.

JUDITH A. SHIVE, APPELLANT,
v.
BELLEFONTE AREA BOARD OF SCHOOL DIRECTORS, APPELLEE



Appeal from the Order of the Court of Common Pleas of Centre County, in case of Pennsylvania Labor Relations Board v. Bellefonte Area Board of School Directors, No. 95 June Term, 1973.

COUNSEL

William A. Hebe, with him Spencer & Gleason, for appellant.

John R. Miller, with him Miller, Kistler, Campbell & Mitinger, for appellee.

President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Opinion by Judge Mencer.

Author: Mencer

[ 12 Pa. Commw. Page 544]

The facts leading to this appeal are not in dispute. On August 11, 1972, Dr. Mauger, Superintendent of the Bellefonte Area School District, received the resignation of a mathematics teacher. The next term of school was scheduled to commence on September 5, 1972. Faced with this faculty vacancy, Dr. Mauger, on August 14, 1972, mailed letters to four possible candidates for the open position.

One of the four persons contacted was Judith A. Shive, the appellant here. She was interviewed by Dr. Mauger on August 21, 1972, but her credentials and recommendations did not come into Dr. Mauger's possession until August 28, 1972. At the regular school

[ 12 Pa. Commw. Page 545]

    board meeting held on August 22, 1972, Dr. Mauger explained to the school board that he had interviewed only one candidate and that a second candidate would be interviewed the following morning.

The confidential file of Miss Shive contained six reports of credentials, of which three pertained to teaching and three related to other areas. One of the three reports related to teaching was unfavorable. However, despite the unfavorable report, Dr. Mauger informed Miss Shive by letter dated August 29, 1972 that he was recommending her to the Bellefonte Area Board of Education for a secondary mathematics teaching position for the 1972-73 school year. The letter also stated that it was to be her authority to report for work on the first day of school.

What happened thereafter relative to Miss Shive and her relationship with the Bellefonte Area Board of School Directors (School Board) is well explained in the lower court's opinion:

"Miss Shive reported for work on September 5 and continued to work until September 11 when the teachers went out on strike.

"On September 10 Dr. Mauger met with a committee from the School Board which reviewed recommendations. At that time the area of credentials ...


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