Appeal from an award of the American Arbitration Association in case of In the Matter of Arbitration between Allegheny Valley School District and Allegheny Valley Education Association, AAA No. 55-39-0130-75.
John M. Means, for appellant.
Daniel R. Delaney, with him Ronald N. Watzman, for appellee.
President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., and Blatt. Judges Mencer and Rogers did not participate. Opinion by Judge Blatt.
[ 25 Pa. Commw. Page 559]
At issue in this case is the validity and enforceability of a sabbatical leave provision of the collective bargaining agreement between the Allegheny Valley School District (School District) and the Allegheny
[ 25 Pa. Commw. Page 560]
Valley Education Association (Association) entered pursuant to the Public Employe Relations Act*fn1 (Act 195). This is the same issue with which we have just dealt in Cumberland Valley Education Association v. Cumberland Valley School District, 24 Pa. Commonwealth Ct. 167, 354 A.2d 265 (1976), and we must, therefore, reverse the arbitrator's award.
The agreement here provides that teachers who are entitled to a sabbatical leave shall receive full pay during their absence on such leave, but when Ruth A. Johnson, a teacher in the Association, applied for such leave, it was refused on the basis that the sabbatical leave provision in the agreement violated Section 703 of Act 195 and Section 1169 of the Public School Code of 1949*fn2 (School Code).
Section 703 of Act 195 provides that:
"The parties to the collective bargaining process shall not effect or implement a provision in a collective bargaining agreement if the implementation of that provision would be in violation of, or inconsistent with, or in conflict with any statute or statutes enacted by the General Assembly of the Commonwealth of Pennsylvania or the provisions of municipal home rule charters."
Section 1169 of the School Code, however, provides that:
"The person on leave of absence shall receive one half of his or her regular salary during the period he or ...