Appeal from the Order of the Court of Common Pleas of Cambria County in case of Patricia Rylke, William Ramus and Janet Humphrey, and the Portage Area Education Association v. Portage Area School District, No. 938 September Term, 1973.
Randall C. Rodkey, with him Abood, Rodney & Eckel, for appellants.
Ferdinand F. Bionaz, with him Bionaz and Raptosh, for appellee.
William Fearen, with him Cleckner and Fearen, for amicus curiae, Pennsylvania School Boards Association.
Leonard M. Sagot, with him Thomas W. Jennings, Randall J. Sommovilla, and, of counsel, Teitelman, Sagot, Herring, Jennings & Luber for amicus curiae, Philadelphia Federation of Teachers.
President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Opinion by Judge Mencer.
[ 20 Pa. Commw. Page 159]
We have for consideration an appeal from an order of the Court of Common Pleas of Cambria County sustaining preliminary objections in the nature of a demurrer filed by the Portage Area School District (appellee) to a complaint in mandamus filed by three individuals, professional employees of appellee, and the Portage Area Educational Association (Association), who are the appellants here.*fn1
The Association is the certified bargaining representative for the professional employees of appellee and entered into a collective bargaining agreement with appellee for the period of July 1, 1971 to June 30, 1973. On or about May 23, 1973, the individual appellants were notified in writing that they were suspended effective the end of the 1972-73 school year. The suspension was made under the provisions of Section 1124 of the Public School Code of 1949, Act of March 10, 1949, P.L. 30, as amended, 24 P.S. § 11-1124.*fn2
[ 20 Pa. Commw. Page 160]
Appellants' complaint in mandamus avers that the appellee is required under the terms of the agreement between the Association and appellee to submit the suspensions of the individual plaintiffs to binding arbitration. Appellee refused to do so. The agreement in question here provides in pertinent part as follows:
"VIII. Job Security and Job Progression
" The Pennsylvania School Code includes certain job security provisions, certification, and other regulatory provisions associated with various classes of employes. The parties hereby aver that such provisions of the School Code represent their complete agreement and that said provisions shall govern the manner in which the job security, job progression, and ...