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HAZLETON AREA SCHOOL DISTRICT v. HAZLETON AREA EDUCATION ASSOCIATION (11/09/79)

decided: November 9, 1979.

HAZLETON AREA SCHOOL DISTRICT, APPELLANT
v.
HAZLETON AREA EDUCATION ASSOCIATION, APPELLEE. HAZLETON AREA EDUCATION ASSOCIATION, APPELLANT V. HAZLETON AREA SCHOOL DISTRICT, APPELLEE



Appeals from the Order of the Court of Common Pleas of Luzerne County in case of Hazleton Area School District v. Hazleton Area Education Association, No. 4088 of 1977.

COUNSEL

James S. Palermo, with him David L. Glassberg, for Hazleton Area School District.

Peter J. O'Brien, with him O'Brien and Miller, for Hazleton Area Education Association.

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.

Author: Rogers

[ 47 Pa. Commw. Page 257]

The Hazleton Area School District and the Hazleton Area Education Association, the union representing District teachers, has each appealed from an order of the Court of Common Pleas of Luzerne County vacating the award of an arbitrator and remanding the record to a new arbitrator for further hearings and disposition of a grievance filed in behalf of the teachers.

On October 9, 1975, representatives of the School Board and the Association negotiated an agreement settling a five-week teachers' strike. A written memorandum of the settlement contained the following provisions for a teacher's contract for the 1975-1976 school year:

All items in the present contract will remain as is, except for the following:

1 -- All teachers to receive $1,100, including the state-mandated $300 increment for those eligible. An additional step at the maximum and an $1,100 increase in starting salary.

Teachers will lose three (3) of the scheduled four (4) in-service days. The calendar will be re-scheduled to June 18th, pending approval of the State Department of Education. If said calendar is not approved by the Department of Education, the Board shall in good faith attempt to schedule 180 pupil days up to June 30, 1976, if possible.

The Board and the membership of the Association ratified the settlement agreement and a comprehensive 1975-1976 draft of a contract was prepared consisting, we understand, of the old contract with the new provisions

[ 47 Pa. Commw. Page 258]

    inserted. This went into evidence at the arbitrator's hearing as Joint Exhibit 1. The Board in fact refused to execute Joint Exhibit 1 because of a dispute over the interpretation of its terms. The teachers returned to work on October 9, 1975 and the Board rescheduled the school calendar to begin on that day and end on June 18, 1976, thus providing a school year of 168 days of ...


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