Appeal from the Order of the Court of Common Pleas of Clearfield County in case of DuBois Area School District v. DuBois Area Education Association, No. 77-2866-CD.
David P. King, with him Bari K. Boyer, Solicitor, for appellant.
Shelley W. Elovitz, with him William A. Hebe, for appellee.
President Judge Bowman and Judges Crumlish, Jr., Mencer, Blatt, DiSalle, Craig and MacPhail. Judges Wilkinson, Jr. and Rogers did not participate. Opinion by Judge Crumlish, Jr. Judge DiSalle dissents. Concurring Opinion by Judge Craig. Judge Blatt joins in this concurring opinion.
[ 47 Pa. Commw. Page 144]
The DuBois Area School District (District) appeals an order of the Common Pleas Court of Clearfield County upholding an arbitrator's award granted to the DuBois Area Education Association (Association) pursuant to the terms of a collective bargaining
[ 47 Pa. Commw. Page 145]
agreement under The Public Employe Relations Act of 1970 (PERA), Act of July 23, 1970, P.L. 563, as amended, 43 P.S. §§ 1101.101 -- 1101.2301.
The facts are undisputed. Consistent with the collective bargaining agreement, the District adopted a calendar for the 1976-77 school year which required the teachers' presence for 180 teaching days and two additional days when students would not be present. Due to severe weather, classes were cancelled for 12 days. The General Assembly responded by providing an amendment to the Public School Code of 1949, Act of March 10, 1949, P.L. 30, as amended, 24 P.S. § 1-101 et seq., known as the Weather Emergency Bill, Act of June 1, 1977, P.L. 4, 24 P.S. § 15-1501.1, which provided in pertinent part:
(a) For the school year 1976-77 all public . . . schools . . . shall make every effort to keep open for at least one hundred seventy-seven (177) days of instruction for pupils. . . . No employe of any school closed by reason of the Weather Emergency of 1977 shall receive more or less compensation than that to which the employe would otherwise have been entitled to from the school district . . . had the Weather Emergency of 1977 not occurred.
(b) An employe shall not receive additional salary for services rendered on days. . . rescheduled as a result of the Weather Emergency of 1977, unless the number of days rescheduled extends the number of days provided for in the original school calendar ; in which case an employe shall receive a pro-rata increase for such additional days. . . . (Emphasis in original.)
The District, in response, unilaterally adopted a resolution altering the school calendar to call for 177 teaching days and ...