Appeal from the Order of the Court of Common Pleas of Allegheny County in the case of West Jefferson Hills School District v. Jefferson Federation of Teachers and John M. Hyjurick, No. S.A. 504 of 1980.
Lloyd H. Fuge, for appellant.
Sandra Reiter Kushner, with her Stephen H. Jordan, Rothman, Gordon, Foreman and Groudine, P.A., for appellees.
Judges Mencer, Craig and Palladino, sitting as a panel of three. Opinion by Judge Mencer.
[ 61 Pa. Commw. Page 375]
West Jefferson Hills School District (District) has appealed from an order of the Court of Common Pleas of Allegheny County dismissing a petition for review of an arbitration award. We affirm.
The District and the Jefferson Federation of Teachers were parties to a collective bargaining agreement which contained the following provision:
Section 6B. POSTING OF VACANCIES
When notice is received by the Superintendent that there is an anticipated permanent vacancy in a bargaining unit job or a non-bargaining unit supervisory job, the District shall post such vacancy for five (5) business days. A copy will be mailed to the Federation at the time of posting during the summer months. Within 48 hours after the final day of posting any interested employee shall submit his/her application and qualifications for consideration, which will include all relevant factors, including length of continuous service, before the District fills such vacancy.
During the school term vacancies will be posted in each school; between school terms, posting
[ 61 Pa. Commw. Page 376]
will be at the District Administration Building. Nothing contained herein shall limit the District's exclusive right to fill any vacancy with whomsoever it selects, whether a bargaining unit employee or a non-bargaining unit person.
The agreement also established a three-step grievance procedure culminating in binding arbitration, with a proviso in Section 14 that "[t]he arbitrator shall not have the right to add to, subtract from, modify, or ...