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FAIRVIEW SCHOOL DISTRICT v. COMMONWEALTH PENNSYLVANIA (09/17/81)

decided: September 17, 1981.

FAIRVIEW SCHOOL DISTRICT, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. DOUGLAS LAYMAN, INTERVENOR. FAIRVIEW SCHOOL DISTRICT, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. WINFRED K. DECKER, INTERVENOR. FAIRVIEW SCHOOL DISTRICT, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. DENNIS W. HUZINEC, INTERVENOR. FAIRVIEW SCHOOL DISTRICT, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. SUZANNE BYLER, INTERVENOR. FAIRVIEW SCHOOL DISTRICT, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. RICHARD W. WILDAUER, INTERVENOR



Appeals from the Order of the Unemployment Compensation Board of Review in the cases of In Re: Claims of Douglas Layman, No. B-187304, Winfred K. Decker, No. B-187308, Dennis W. Huzinec, No. B-187307, Suzanne Byler, No. B-187306, and Richard W. Wildauer, No. B-187305.

COUNSEL

Frank L. Kroto, with him J. W. Alberstadt, Jr., Donald C. Buseck, Cygne L. Nemir, Quinn, Gent, Buseck and Leemhuis, Inc., for petitioner.

No appearance for respondent.

George Levin, Shamp, Levin, Arduini, Jenks & Hain, for intervenors.

William Fearen, with him Michael I. Levin and John DiClemente, Cleckner and Fearen, for Amicus Curiae, Pennsylvania School Boards Association.

President Judge Crumlish and Judges Rogers and Williams, Jr., sitting as a panel of three. Opinion by Judge Williams, Jr.

Author: Williams

[ 61 Pa. Commw. Page 637]

Before this Court is the consolidation of five appeals brought by appellant, the Fairview School District, from orders of the Unemployment Compensation Board of Review (Board) granting claimants benefits pursuant to Section 402(d) of the Unemployment Compensation Law (Act).*fn1

The claimants in this case are employed as teachers by the Fairview School District. On or about September 1, 1977, the Fairview School District (District) and claimants' collective bargaining agent, the Fairview Education Association (Association), entered into a collective bargaining agreement governing the wages, hours, and other terms and conditions of claimants' employment. That agreement expired on August 26, 1979. Prior to the expiration of the agreement, the District, at its regular monthly meeting of August 20, 1979, passed a resolution offering to extend the 1977-79 contract for a period of up to sixty days, under the same terms and conditions then in effect. By a letter dated August 23, 1979 the Association requested an extension of the existing contract "for a reasonable period of time beyond the present expiration date of August 26, 1979, which would include an extension of

[ 61 Pa. Commw. Page 638]

    all terms of the present contract including, but not limited to, the grievance procedure and fringe benefits." By letter of August 28, 1979, the District responded by advising the Association of the School Board's action of August 20, 1979, and resolving to extend the contract for a period of up to sixty days. Amongst the provisions contained in the expired contract was a clause providing for salary increments for the employees for each year of employment. No formal, unified agreement was ever documented concerning the extension of the contract.

The school term opened on September 5, 1979, and the claimants reported to work on that date. On September 7, 1979, the claimants received their regularly scheduled bi-weekly pay checks. The pay received by the claimants was computed on the basis of the salary matrix used for the 1978-79 school year, and did not include any increase for an additional year of service as was provided for by the salary matrix incorporated into the contract. Excluding the salary schedule, all benefits and related items remained the same as before the contract expiration.

On September 13, 1979, a grievance report was filed by a representative of the Association on behalf of its members. The report alleged that the District had failed to move its personnel to their proper salary steps according to their years of service. On September 14, 1979, a work stoppage commenced. The work stoppage continued until October 22, 1979, when all teachers employed ...


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