No. 584 January Term, 1977, Appeal from the Order of the Commonwealth Court of Pennsylvania at Nos. 458 and 466 C.D. 1975, Civil Action - Law, Reversing and Vacating Judgment of the Court of Common Pleas of Bradford County at No. 327 October Term, 1971.
Peter J. O'Brien, Mount Pocono, Monroe County, for appellants.
Robert J. Landy, Sayre, Bradford County, for appellee.
Eagen, C. J., and O'Brien, Roberts, Nix, Larsen, Flaherty and Kauffman, JJ.
Appellants, forty-six professional employees of the Sayre Area School District, challenge the manner in which appellee, the district's Board of Directors, administered Sayre Area local salary schedules during the 1965-66 through 1971-72 school years. We conclude that of the forty-six appellants five are entitled to relief.
Appellants commenced this challenge by filing a forty-six count complaint, one count for each appellant, against appellee in the Court of Common Pleas of Bradford County. Appellants contend that appellee violated the Public School Code of 1949 by not utilizing the Code's revised, statewide minimum salary formulas in calculating higher salaries under the local salary schedules. See Act of December 9, 1965, P.L. 1057, § 2 (Act 405 of 1965) and Act of June 12, 1968, P.L. 192, § 1 (Act 96 of 1968), amending the Public School Code of 1949, Act of March 10, 1949, P.L. 30, § 1142.*fn1 A
majority of appellants, twenty-eight of the forty-six, claim appellee failed properly to apply Code formulas in calculating higher local salaries during the 1965-66 school year.*fn2 All appellants claim appellee violated the Code in 1967-68. In that school year, pursuant to board resolution, the district
paid newly-hired teachers according to a new, increased local salary schedule while it postponed the salary increases of appellants, all previously hired.*fn3 In sum, appellants seek $35,535 plus interest.*fn4
According to appellee, the Code's revised salary formulas apply exclusively to the statewide minimum salaries and not to local salary schedules. Appellee maintains that its sole obligation under the Code is to pay appellants ...