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MCKEESPORT AREA SCHOOL DISTRICT v. COMMONWEALTH PENNSYLVANIA (03/27/79)

decided: March 27, 1979.

MCKEESPORT AREA SCHOOL DISTRICT, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA HUMAN RELATIONS COMMISSION, RESPONDENT



Appeal from the Order of the Pennsylvania Human Relations Commission in cases of Theresa Suchy, Theresa M. Pastor, Emma J. Kissell and Verna Szajnuk, individually and on behalf of the class v. McKeesport Area School District, Docket Nos. E-7100PD -- E-7103PD; Iona M. Nee and Evelyn Lingard v. McKeesport Area School District, Docket Nos. E-9516 and E-9417; Sophie E. Hopke, Lora A. Gaydos, Delores R. McCusker and Mary Kerekes v. McKeesport Area School District, Docket Nos. E-9402P and E-9405P; Regina T. Joyce and Ruth W. Karpinsky v. McKeesport Area School District, Docket Nos. E-9406P and E-9407P; and Anna Black v. McKeesport Area School District, Docket No. E-9447P.

COUNSEL

Gary Gushard, with him Lewis J. Nescott, for petitioner.

Joan P. Feldman, with her Robert N. Hackett, for respondent.

Judges Crumlish, Jr., Wilkinson, Jr. and Mencer, sitting as a panel of three. Opinion by Judge Wilkinson, Jr.

Author: Wilkinson, Jr.

[ 41 Pa. Commw. Page 398]

This is an appeal by the McKeesport Area School District (Petitioner) of a decision by the Pennsylvania Human Relations Commission (Commission) which found that Petitioner was in violation of Section 5(a) of the Pennsylvania Human Relations Act (Act), Act of October 27, 1955, P.L. 744, as amended, 43 P.S. ยง 955(a). We affirm.

Petitioner asserts that there is not substantial evidence to support the sixty-eight findings of fact and the eleven conclusions of law which establish that the Petitioner maintained sex-segregated job classifications, denied equal overtime opportunities to females, and maintained wage differentials between males and females who performed work substantially equal in terms of skill, effort, responsibility and working conditions, resulting in lower wages and retirement benefits to females.

We, however, find the evidence overwhelmingly supports that conclusion and indeed, would find it difficult to understand how the Commission could have concluded otherwise based on the 1,713 pages of testimony and exhibits.

The discrimination alleged is in the janitorial staff of the McKeesport schools. A summary of the pertinent

[ 41 Pa. Commw. Page 399]

    findings of fact is necessary for an understanding of the case:

Since July 9, 1969, the petitioner has maintained the following sex-segregated job classifications: the all-female position of cleaner previously called janitress; the all-female position of custodian in "one-woman" buildings; and the all-male positions of custodian in multi-custodian buildings, custodian in "one-man" buildings, building supervisor, supervisor in elementary schools, night supervisor, supervisor and first level supervisor.

The cleaners' wages are less than the custodians'. The following was the proposed collective bargaining agreement's wage schedule for the 1976 through 1979 school years. (Finding of fact number 29.)

Basic 8-hour custodian:

1 2 3 4

1976-77 $7,700 $8,100 ...


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