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WILLIAMSBURG COMMUNITY SCHOOL DISTRICT v. COMMONWEALTH PENNSYLVANIA (07/24/86)

decided: July 24, 1986.

WILLIAMSBURG COMMUNITY SCHOOL DISTRICT, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA HUMAN RELATIONS COMMISSION AND SARAH J. BOWMASTER, RESPONDENTS



Appeal from the Order of the Pennsylvania Human Relations Commission in the case of Sarah J. Bowmaster v. Williamsburg Community School District, Docket No. E-24780D.

COUNSEL

Jolene Grubb Kopriva, Evey, Routch, Black, Dorezas, Magee & Andrews, for petitioner.

Ellen K. Barry, Assistant General Counsel, with her, Elisabeth S. Shuster, General Counsel, for respondents.

Judges Barry and Palladino, and Senior Judge Rogers, sitting as a panel of three. Opinion by Judge Palladino.

Author: Palladino

[ 99 Pa. Commw. Page 207]

This is an appeal by the Williamsburg Community School District (District) from an order of the Pennsylvania.

[ 99 Pa. Commw. Page 208]

Human Relations Commission (Commission) which directed the District to cease and desist from discriminating on the basis of sex and to pay the sum of $17,379 in back pay to Sarah J. Bowmaster (Complainant). We affirm.

In April of 1980, Complainant began working for the District as an instructional aide, and was paid through the federally funded Comprehensive Employment Training Act (CETA) at a pay rate of $3.76 per hour. In September of 1980, she was assigned to the position of cafeteria clerk. In March of 1981, the CETA funding ceased but Complainant retained her position and pay rate. She was paid one-half of her salary by the District, and one-half by the Southern Alleghenies Planning and Development Commission through an on-the-job training program.

In August of 1981, Complainant was appointed by the District as a Food Service Coordinator for the 1981-82 school year at a salary of $8,281 paid entirely by the District. This position had been certified to the Pennsylvania Labor Relations Board (PLRB) as part of the union bargaining unit. Therefore, the salary was determined by the terms of the union contract under which Complainant was designated as a full-time secretary. Simultaneously with Complainant's appointment, the District's school board directed the superintendent of schools to petition the PLRB to have the position of Food Service Coordinator removed from the bargaining unit.

In October of 1981, the school board voted to set Complainant's salary for the 1981-82 school year at $7,400, subject to PLRB approval of removal of the position from the bargaining unit. The removal, however, was not accomplished during the 1981-82 school year and Complainant continued to receive an annual salary of $8,281.

[ 99 Pa. Commw. Page 209]

Complainant's salary for the 1982-83 school year was again established in accordance with the union contract and she began the school year earning an annual salary of $10,465. In December of 1982, the PLRB decertified Complainant's position from the bargaining unit and, in January of 1983, the District's school board reduced Complainant's salary to $7,930. When ...


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