Appeal from the Order of the Court of Common Pleas of Lackawanna County in case of Scranton School District v. Scranton Federation of Teachers Local 1147, No. 80 Civil 6241, 1980.
Michael Brodie, Freedman and Lorry, P.C., for appellant.
Edwin A. Abrahamsen, Bialkowski, Fine and Bialkowski, for appellee.
Judges Rogers, Craig and MacPhail, sitting as a panel of three. Opinion by Judge MacPhail. Judge Mencer did not participate in the decision in this case.
[ 66 Pa. Commw. Page 467]
Scranton Federation of Teachers (Appellant) appeals from an order of the Court of Common Pleas of Lackawanna County which vacated an arbitrator's award in favor of John Miles (Miles), a teacher with approximately twenty years service with the Appellee, Scranton School District (District). We reverse.
The brief facts in this matter center on an application filed by Miles on or about January 21, 1980 to serve as a freshman baseball coach at either of two high schools in the District. The application was filed in response to a posted notice listing coaching vacancies, as required by Article 14, Section 1 of the collective bargaining agreement then in effect between Appellant and the District. On March 23, 1980 the Board of School Directors (Board) awarded the coaching positions to two other applicants who had less seniority than Miles. The coaching positions were awarded by the Board based upon the recommendation of the Superintendent of Schools.
A grievance was filed by Miles on April 2, 1980 which alleged, inter alia, that the Board violated Article 14 of the collective bargaining agreement when it appointed applicants with less seniority than Miles to the coaching positions. Article 14 provides, in pertinent part, as follows:
[ 66 Pa. Commw. Page 468]
§ 1. Openings for all positions, promotions, extracurricular activities and newly created jobs . . . shall be posted in places accessible to and normally frequented by all teachers at least thirty (30) days before the position is to be filled. The posting shall include the duties and location of the position, the qualifications required of applicants, the salary to be paid, and specific instructions for making application.
§ 2. With exception of promotional positions, the vacancies, where qualifications are equal, shall be filled from among the qualified applicants in the order of their length of service in the Scranton Public Schools. . . .
§ 4. All questions of qualification shall be finally resolved by the Board of Directors upon the advice of the Superintendent of Schools. . . . At no time shall the position of any person on any list require appointment or selection where the Board of Directors shall determine, after appropriate hearing, qualifications to be lacking.
In accordance with the grievance procedures contained in the collective bargaining agreement, the Board held a meeting relative to the grievance on April 14, 1980. At the meeting the Superintendent reviewed performance evaluations of Miles and the two successful applicants which were intended to reflect their performance in prior coaching positions. All three were graded "satisfactory", while on a rating ...