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CENTRAL DAUPHIN SCHOOL DISTRICT v. CENTRAL DAUPHIN EDUCATION ASSOCIATION (06/30/80)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: June 30, 1980.

CENTRAL DAUPHIN SCHOOL DISTRICT, APPELLANT
v.
CENTRAL DAUPHIN EDUCATION ASSOCIATION, APPELLEE

Appeal from the Order of the Court of Common Pleas of Dauphin County in case of Central Dauphin School District v. Central Dauphin Education Association, No. 3882-S, 1979.

COUNSEL

Edward E. Knauss, III, with him Edward E. Knauss, IV, Metzger, Wickersham, Knauss & Erb, for appellant.

Betty F. Perry, with her Thomas W. Scott, Killian & Gephart, for appellee.

Judges Wilkinson, Jr., MacPhail and Williams, Jr., sitting as a panel of three. Opinion by Judge Williams, Jr.

Author: Williams

[ 52 Pa. Commw. Page 367]

The subject of this appeal by the Central Dauphin School District (District) is an award by a labor arbitrator directing the District to restore school teacher Marilyn S. Zimmerman to her former position as a guidance counselor. The arbitrator determined that the District, in re-assigning the teacher, had misapplied the existing labor agreement by basing seniority on the total years of service in a given subject area, instead of on the total years of service to the District itself.

When the Court of Common Pleas of Dauphin County affirmed the award, the District appealed to this Court. We affirm the order of the lower court; and in so doing, we adopt the able opinion of Judge Warren G. Morgan.

Order

And Now, the 30th day of June, 1980, the order of the Court of Common Pleas of Dauphin County, entered January 22, 1980 at No. 3882S-1979, is affirmed.

Disposition

Affirmed.

19800630

© 1998 VersusLaw Inc.



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