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MATTER EMPLOYEES CARLYNTON SCHOOL DISTRICT. CARLYNTON SCHOOL DISTRICT (09/16/77)

decided: September 16, 1977.

IN THE MATTER OF THE EMPLOYEES OF CARLYNTON SCHOOL DISTRICT. CARLYNTON SCHOOL DISTRICT, APPELLANT


Appeal from the Order of the Court of Common Pleas of Allegheny County in case of In the Matter of the Employees of Carlynton School District, No. S.A. No. 1006 of 1975.

COUNSEL

Thomas H. M. Hough, with him Lucchino, Gaitens & Hough, for appellant.

Daniel R. Delaney, Special Counsel, for intervening appellant.

Raymond W. Cromer, with him James L. Crawford and Forest N. Myers, for appellee.

President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Judge Kramer did not participate in the decision. Opinion by President Judge Bowman. Judge Kramer did not participate in the decision in this case.

Author: Bowman

[ 31 Pa. Commw. Page 632]

The issue in this appeal is the status under the Public Employe Relations Act, Act of July 23, 1970, P.L.

[ 31 Pa. Commw. Page 633563]

, as amended, 43 P.S. § 1101.101 et seq. (Act 195), of six professional employes of the Carlynton School District. The Pennsylvania Labor Relations Board (PLRB) concluded that the employes in question, a high school principal, a middle school principal, two elementary school principals, a high school assistant principal, and a reading supervisor, are "first level supervisors" within the meaning of Section 301(19) of the Act, 43 P.S. § 1101.301(19). Consequently, the PLRB certified the Carlynton First Level Supervisor's Association, PSEA/NEA, as the exclusive representative of a unit comprising these six employes. The Court of Common Pleas of Allegheny County sustained the PLRB's order of certification. We reverse that order with respect to the status of the four principals and the assistant principal, and hold that these five individuals are "management level employes" within the meaning of Section 301(16) of the Act, 43 P.S. § 1101.301(16). We affirm that order, however, with respect to the status of the reading supervisor.

In reviewing adjudications of the Pennsylvania Labor Relations Board, this Court must determine whether or not the findings of the PLRB are supported by substantial and legally credible evidence and whether or not the conclusions deduced therefrom are reasonable and not capricious, arbitrary, or illegal. Pennsylvania Labor Relations Board v. Altoona Area School District, 23 Pa. Commonwealth Ct. 445, 352 A.2d 560 (1976); Albert Einstein Medical Center v. Pennsylvania Labor Relations Board, 17 Pa. Commonwealth Ct. 91, 330 A.2d 264 (1975). We have determined that the PLRB's conclusion according first level supervisory status to the four principals and the assistant principal in question is both unreasonable and incorrect as a matter of law.

The Public Employe Relations Act contains the following definitions, which are pertinent here. Section

[ 31 Pa. Commw. Page 634301]

(6) of the Act, 43 P.S. § 1101.301(6), defines the term ...


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