Appeal from the Order of the Court of Common Pleas of Philadelphia County in case of Philadelphia Federation of Teachers Local No. 3, AFT, AFL-CIO, by C. Frank Sullivan, Sonya Richman and John Ryan, President, General Vice-President and Treasurer respectively, as trustees ad litem v. Board of Education of the School District of Philadelphia and Arthur W. Thomas, President; Delores Oberholtzer, Vice-President; Tobyann Boonin, Member of Board; Philip Davidoff, Member of Board; George Hutt, Member of Board; Robert Sebastian, Member of Board; Felice Stack, Member of Board; George P. Stahl, Jr., Member of Board; Augustus Baxter, Member of Board, No. 3583 July Term, 1976.
Vincent J. Salandria, for appellants.
Leonard M. Sagot, with him Randall J. Sommovilla, and, of counsel, Sagot & Jennings, for appellees.
President Judge Bowman and Judges Crumlish, Jr., Wilkinson, Jr., Rogers, Blatt, DiSalle and MacPhail. Judges Mencer and Craig did not participate. Opinion by Judge Rogers. Dissenting Opinion by Judge Blatt. Judge DiSalle joins in this dissent.
[ 40 Pa. Commw. Page 492]
The Board of Education of the School District of Philadelphia has appealed a final decree of the Court
[ 40 Pa. Commw. Page 493]
of Common Pleas of Philadelphia County enjoining the board from enforcing with respect to some of its employees a board resolution requiring all employees appointed on or after February 1, 1972 to become residents of the district within one year from the date of their employment.
On January 24, 1972 the board adopted a resolution which required all employees hired after February 1, 1972 to reside within the district. Appellee, Philadelphia Federation of Teachers Local No. 3 AFT, AFL-CIO (union), the certified collective bargaining representative of the district's employes, instituted a suit in equity in the Court of Common Pleas to enjoin the enforcement of the resolution. This dispute was settled by agreement of the parties incorporated into an order of the court below following:
AND NOW, this 19 day of April, 1972, IT IS HEREBY ORDERED AND DECREED AND IT IS HEREBY AGREED by and between the Philadelphia Federation of Teachers and The School District of Philadelphia that in consideration for the Federation withdrawing with prejudice its Complaint in Equity and its withdrawal with prejudice of arbitration in the dispute with the School District's January 24, 1972, Resolution concerning residency requirements for its employees, the Board of Education of The School District of Philadelphia hereby agrees to modify its January 24, 1972, Resolution as follows:
'WHEREAS, It is in the best interest of the School District of Philadelphia that its new future employees live within the School District, and
[ 40 Pa. Commw. Page 494]
'WHEREAS, it is the intention of the Board of Education, in these resolutions, to establish as a requirement of employment of the School District of Philadelphia that all new future employees must live within the School District, and
'WHEREAS, the Board of Education believes that, while the enforcement of this policy as to new employees would be in the best public interest, the Board of Education recognizes that requiring certain employees to reside within the School District of Philadelphia and/or to establish residence within the School District, could, in some cases, cause serious physical, emotional and financial hardship to the employees affected, and, in exceptions dictated by compassion, will exclude certain employees from compliance with the residency requirement, now, therefore, be it
'RESOLVED, That all new future employees of the School District of Philadelphia who are temporarily or permanently appointed to any position with the School District of Philadelphia on or after February 1, 1972, must become during his period of employment a resident of the School District of Philadelphia within one year from the date he or she was first employed by the School District, and be it
'FURTHER RESOLVED, That the School District shall grant exceptions to the residency requirement for certain new future employees as follows:
'(a) New employees who have executed an Agreement of Sale for a home outside the School District prior to February 1, 1972, with settlement scheduled after that date;
[ 40 Pa. Commw. Page 495]
'(b) New employees who have executed a lease for the rental of an apartment or home prior to February 1, 1972, with occupancy scheduled after that date;
'(c) New employees who have executed a construction contract prior to February 1, 1972, for construction of a home outside the School District with possession scheduled after that date;
'(d) New employees who have had a firm offer of employment made by the School District that was accepted by the employee prior to February 1, 1972, and an effective date of employment after February 1, 1972, was established;
'(e) New employees who are married and who live in a residence outside the School District because their spouse is so required to reside;
'(f) New employees who have resided continuously with their parents for one year prior to their employment with the School District if the parent has made a commitment as to change in residence and the establishment of a separate residence would create a severe hardship;
'(g) New employees who are prospective Teacher Grant recipients who may have moved outside the School District with their parents during the period they were in school and not self-supporting.'
The Federation and the School District further agree that if there is any dispute as to the application, meaning or interpretation of this Stipulation and Order and/or of the modified ...