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PETITION WOODLAND HILLS SCHOOL DISTRICT TO STAY ARBITRATION PROCEEDINGS COMMENCED BY GREGORY SMITH ETC. WOODLAND HILLS SCHOOL DISTRICT (03/30/84)

decided: March 30, 1984.

IN RE: PETITION OF THE WOODLAND HILLS SCHOOL DISTRICT TO STAY ARBITRATION PROCEEDINGS COMMENCED BY GREGORY SMITH ETC. WOODLAND HILLS SCHOOL DISTRICT, APPELLANT


Appeal from the Order of the Court of Common Pleas of Allegheny County in case of In Re: Petition of the Woodland Hills School District by Stay Arbitration Proceedings Commenced by Gregory Smith and the Woodland Hills Education Association PSEA/NEA, No. GD 82-12946.

COUNSEL

Thomas M. Rutter, Jr., with him Patrick J. Clair, Goerhing, Rutter & Boehm, for appellant.

Ronald N. Watzman, for appellees.

Judges Williams, Jr., Barry and Blatt, sitting as a panel of three. Opinion by Judge Barry.

Author: Barry

[ 81 Pa. Commw. Page 200]

This appeal arises from a September 1, 1982, order of the Court of Common Pleas of Allegheny County which refused the relief requested by appellant, Woodland Hills School District (School District) in a Petition to Stay Arbitration.

The Woodland Hills School District is a consolidation of various school districts including Edgewood, Churchill Area, General Braddock Area, Swissvale

[ 81 Pa. Commw. Page 201]

Area, and Turtle Creek Area. To eliminate confusion, the School District reached an oral agreement with the unions involved to permit five Collective Bargaining Agreements (CBA) to remain in effect. To avoid possible conflicts and confusion the parties also agreed that matters incidental to the normal operation of a school facility would be governed by the CBA formerly applicable to that facility and matters unrelated to the facility would be governed by reference to the CBA formerly applicable to the employees involved.

On January 5, 1982, the Woodland Hills School District posted notice that the position of Head Football Coach of the Turtle Creek High School was open. Applications were due by January 22, 1982. During the specified time when applications were to be submitted, the School District received only three applications, all from professional employees of the School District. For various reasons, none of the three applicants was selected.

Since the School District did not fill the position from within the employee ranks, it decided to advertise the position generally. It did so in the Pittsburgh Press between February 17 and 21, 1982, setting a deadline for receipt of applications by February 26, 1982. Prior to general advertisement of the position, Gregory Smith, an employee of the former General Braddock School District who was assigned to the Swissvale High School for 1981-1982, applied for the job. At the time Mr. Smith applied, the position had not been filled. Upon applying for the position, an administrator told Mr. Smith that he would be considered as an outsider since he had applied late.

After an initial screening process, the School District narrowed the field to three candidates, including Mr. Smith. Following further interviews, the School District ...


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