Appeal from the Order of the Secretary of Education in case of Guy Bravo v. Board of Directors of the Wellsboro School District, Teacher Tenure Appeal No. 17-83.
William A. Hebe, Spencer, Gleason & Hebe, for petitioner.
Robert F. Cox, Jr., with him, Robert F. Cox, Sr., Cox and Cox, for respondent.
Judges Rogers, MacPhail and Palladino, sitting as a panel of three. Opinion by Judge Palladino. Judge Rogers did not participate in the decision in this case.
Guy Bravo (Petitioner) appeals from an order of the Secretary of Education which denied Petitioner's request for backpay and affirmed a decision of the Board of Directors (Board) of the Wellsboro School District (District) demoting Petitioner from full-time
to part-time advisor to the Young Farmers Program. We affirm.
For several years prior to the 1980-1981 school year, Petitioner was employed by the District as full-time advisor to the Young Farmers Program. During the 1980-1981 school year, Petitioner continued to advise the Young Farmers Program on a full-time basis and, in addition, he was assigned to teach courses in welding and small engine repair during the fall semester, and world cultures and a study period during the spring semester. This assignment continued during the 1981-1982 school year.*fn1
On June 10, 1982, the Board adopted a resolution which curtailed the Young Farmers Program and demoted Petitioner from his position as full-time advisor to part-time advisor. The resolution also authorized such notices and hearings as might be required by law. On August 10, 1982, Petitioner filed a grievance claiming that his assignment for the 1982-1983 school year violated the Collective Bargaining Agreement between the District and the Wellsboro Area Education Association (Union). The grievance contained no request or demand for a formal Board hearing on the demotion pursuant to Section 1151 of the Public School Code of 1949 (Code).*fn2
A series of correspondence was exchanged between the Board and Petitioner's Union representative with respect to holding a hearing before the Board pursuant to the grievance procedure outlined in the Collective
Bargaining Agreement. On March 25, 1983 Petitioner's attorney wrote to the solicitor for the District to advise him that one of the issues involved in the grievance was the Board's demotion of Petitioner without holding a demotion hearing.*fn3 Thereafter, on May 31, 1983, the Board held a hearing pursuant to, and in compliance with, the requirements of ...