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RICHLAND EDUCATION ASSOCIATION v. RICHLAND SCHOOL DISTRICT (08/05/80)

decided: August 5, 1980.

RICHLAND EDUCATION ASSOCIATION, APPELLANT
v.
RICHLAND SCHOOL DISTRICT, APPELLEE. RICHLAND SCHOOL DISTRICT, APPELLANT V. RICHLAND EDUCATION ASSOCIATION, APPELLEE



Appeals from the Orders of the Court of Common Pleas of Cambria County in cases of In the Matter of the Arbitration between Richland School District and Richland Education Association, Appeals Nos. 1979-31 and 1979-97.

COUNSEL

William K. Eckel, for Richland Education Association.

Samuel Rizzo, with him Ralph W. Kraft, Kraft, & Rizzo, for Richland School District.

Judges Rogers, Blatt and MacPhail, sitting as a panel of three. Opinion by Judge MacPhail.

Author: Macphail

[ 53 Pa. Commw. Page 369]

The Richland Education Association (Association) filed two grievances against the Richland School District (District) on May 1, 1978. The Association is the exclusive bargaining representative for all employees of the District who are members of the bargaining unit as certified by the Pennsylvania Labor Relations Board (PLRB). Both grievances were denied by the District at all levels of the procedure provided by the collective bargaining agreement (agreement) between the Association and the District and were submitted to binding arbitration. The arbitrator ruled in favor of the Association on both grievances. The District appealed from the arbitrator's decision to the Court of Common Pleas of Cambria County which set aside the arbitrator's decision as to grievance No. 02-78, but sustained the decision of the arbitrator as to grievance No. 03-78. Both parties appealed to this Court. The cases have been consolidated by prior order of this Court. For the sake of clarity, these grievances will be discussed separately.

Grievance 02-78

Grievance 02-78 stated:

Three employees (teachers) have been hired as full time employees to act as permanent substitutes. They are not receiving contractual wages or benefits, as per the agreement.

The present dispute arises as a result of the resolution adopted on January 18, 1978 by the Richland School Board, which provided as follows:

[t]hat because of the implication of the recent amendments to Pennsylvania's Unemployment Compensation Law, the District employ three preferred substitute teachers effective January 23, 1978, to work each day that school is in session for students according to the adopted or

[ 53 Pa. Commw. Page 370]

    revised calendar; that one of the preferred substitute teachers hold an elementary certificate and the other two be secondary certificated; that preferred substitute ...


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