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UPPER MERION AREA SCHOOL DISTRICT v. UPPER MERION EDUCATION ASSOCIATION (09/12/84)

decided: September 12, 1984.

UPPER MERION AREA SCHOOL DISTRICT, APPELLANT
v.
UPPER MERION EDUCATION ASSOCIATION, APPELLEE



Appeal from the Order of the Court of Common Pleas of Montgomery County in the case of Upper Merion School District v. Upper Merion Education Association, No. 81-11834.

COUNSEL

Francis P. O'Hara, Fox, Differ, Callahan, Ulrich & O'Hara, for appellant.

A. Martin Herring, with him, Catherine C. O'Toole, for appellee.

President Judge Crumlish, Jr. and Judges MacPhail and Colins, sitting as a panel of three. Opinion by Judge MacPhail. Dissenting Opinion by Judge Colins.

Author: Macphail

[ 85 Pa. Commw. Page 116]

The Upper Merion Area School District (District) has brought this appeal from an order of the Court of Common Pleas of Montgomery County which affirmed an arbitrator's award in a grievance proceeding. We reverse.*fn1

The facts in this case are undisputed. In September, 1979, District teachers engaged in a seventeen

[ 85 Pa. Commw. Page 117]

    day strike which was ended by a court-ordered return to work. Thereafter, the District and the Upper Merion Area Education Association (Association) engaged in collective bargaining which resulted in the ratification of an agreement on February 25, 1980. The agreement covered the period from July 1, 1979 through June 30, 1982 and included the following special provision regarding the 1979-80 work year:

The salaries appearing in Addendum A are based on the following work year:

1979-80 = 186 days

1980-81 = 187 days

1981-82 = 187 days

For 1979-80 the work year will be reduced to 174 days. Actual salaries paid in 1979-80 will reflect 174/186 of the appropriate salary as ...


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