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SCHOOL DISTRICT CITY DUQUESNE v. DUQUESNE EDUCATION ASSOCIATION (12/01/77)

decided: December 1, 1977.

THE SCHOOL DISTRICT OF THE CITY OF DUQUESNE
v.
DUQUESNE EDUCATION ASSOCIATION, APPELLANT, AND GRIEVANCE OF RICHARD P. MORAN



COUNSEL

John R. DeAngelis, Pittsburgh, for appellant.

Norman M. Bartko, Duquesne, for appellee.

O'Brien, Roberts, Pomeroy, Nix, Manderino and Packel, JJ. Eagen, C. J., took no part in the consideration or decision of this case.

Author: O'brien

[ 475 Pa. Page 280]

OPINION OF THE COURT

This appeal arises from an order of the Commonwealth Court which reversed an arbitration award in favor of the grievant, Richard P. Moran.

Moran is a professional employee of appellee, The School District of the City of Duquesne (School District). Appellant, the Duquesne Education Association (Education Association), of which Moran is a member, is the exclusive bargaining representative for the professional employees of the School District.

On June 30, 1974, the collective bargaining agreement between the Education Association and the School District expired. In September of 1974, the teachers returned to work without a contract. The parties finally reached an agreement in early December, with both parties ratifying the agreement a short time later. The collective bargaining agreement, which was formally executed in January of 1975, was made effective retroactively to July 1, 1974.

[ 475 Pa. Page 281]

In May of 1974, the School District, in accordance with the then existing bargaining agreement, posted notices that it was accepting applications for the position of assistant junior high basketball coach. Both Moran, a teacher with eleven years seniority and Archie Perrin, a second year teacher, applied for the job. On July 8, 1974, one week after the expiration of the collective bargaining agreement, the board of school directors named Mr. Perrin as assistant basketball coach.

Following ratification of the new agreement by both parties, Moran filed a grievance on December 11, 1974. Pursuant to the procedures called for in the agreement, the dispute eventually went to arbitration, where the arbitrator found in favor of Moran. The School District appealed to the Commonwealth Court, which on June 18, 1976, reversed the arbitrator's award and dismissed the grievance. School District of City of Duquesne v. Duquesne Education Association, 25 Pa. Commw. 216, 359 A.2d 850 (1976). The Education Association filed a petition for allowance of appeal, which we granted on September 13, 1976.

The collective bargaining agreement provides, in ...


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