Appeal from the Order of the Court of Common Pleas of Delaware County in case of In Re: Appeal of Chester Upland School District from Award of Arbitrator, No. 78-17425.
Leo A. Hackett, Fronefield and DeFuria, for appellant.
Alexander A. DiSanti, Richard, Brian, DiSanti & Hamilton, for appellee.
Judges Craig, MacPhail and Williams, Jr., sitting as a panel of three. Opinion by Judge Craig.
[ 55 Pa. Commw. Page 103]
The Chester Upland School District (district) appeals from the order of the Court of Common Pleas of Delaware County which affirmed an arbitrator's decision in favor of certain professional employees within the bargaining unit represented by the Chester Upland Education Association (association).
The unit represented by the association includes, in addition to classroom teachers, other professional employees such as deans, guidance counselors, health services employees and the like, all of whom are compensated by 26 biweekly salary payments.
The relevant collective bargaining agreement (agreement) treats teaching employees as "Ten (10)-month personnel," and specifies their work year as being 184 days. The agreement is silent with respect to the required work year of non-teaching employees within the unit such as those enumerated above; these latter employees, generally denominated 12-month employees, have an admittedly longer work year than teaching employees.
From 1963 until 1969, all year-round employees (professional and non-professional) of the district were required to work the equivalent of 24 pay periods (48 weeks), pursuant to a district board resolution allowing such employees four weeks of vacation.
[ 55 Pa. Commw. Page 104]
In 1969, however, by informal action of the then President of the district board, in negotiations with certain 12-month professional employees, the latter's work year was in fact reduced to 23 biweekly periods (46 weeks) by way of allowing those employees an additional 2 weeks vacation, to make a total of 6 weeks. The record indicates that the work year reduction was negotiated as an alternative to a wage increase.
From 1969 until the action precipitating this litigation, 12-month professional employees were in fact required to work only 23 biweekly periods; they were permitted, with the approval of the district superintendant, to take up to 30 days (6 weeks) vacation upon request, as is evidenced by notations within the employees' personnel records kept by the director of personnel and curriculum.
During the 1976-77 school year, the district board reviewed past board minutes and failed to discover any formal board action comporting with the existing ...