Appeal from the Order of the Court of Common Pleas of Cambria County, in case of Greater Johnstown Area Vocational-Technical School v. Greater Johnstown Area Vocational-Technical Education Association, No. 1979-6402.
Marlin B. Stephens, for appellant.
William K. Eckel, for appellee.
Judges Mencer, Rogers and Palladino, sitting as a panel of three. Opinion by Judge Mencer.
[ 57 Pa. Commw. Page 196]
The Greater Johnstown Area Vocational-Technical School (School) has appealed from an order of the Court of Common Pleas of Cambria County, which affirmed an arbitrator's decision sustaining a grievance filed by Gary Gallo*fn1 and Sandra Pagano (teachers). We reverse.
The teachers, professional employees of the School, had executed separate, 1-year supplemental contracts with the School, due to expire on June 30, 1979, in which the teachers agreed to act as Student Congress Advisors. The Congress is an extracurricular organization of students established to accomplish civic projects and other activities designed for school improvement.
At its regular meeting on June 26, 1979, the Joint Operating Committee of the School decided not to renew the contracts of the teachers as Student Congress Advisors. The teachers, alleging that the action of non-renewal was a punishment or reprimand without just cause, filed a grievance under the collective bargaining agreement. The arbitrator sustained the grievance and ordered reinstatement with back pay. The lower court affirmed, and this appeal followed.
The pertinent provisions of the collective bargaining agreement are as follows:
The Joint Operating Committee does hereby recognize the Association as the exclusive and sole representative for collective bargaining for
[ 57 Pa. Commw. Page 197]
all Professional employees included in the bargaining unit. . . . The use of the terms, 'employee' or 'employes', in this Agreement, shall refer only to ...