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WEST SHORE SCHOOL DISTRICT v. WEST SHORE EDUCATION ASSOCIATION (12/24/86)

decided: December 24, 1986.

WEST SHORE SCHOOL DISTRICT, APPELLANT
v.
WEST SHORE EDUCATION ASSOCIATION, APPELLEE



Appeal from the Order of the Court of Common Pleas of Cumberland County in the case of West Shore School District v. West Shore Education Association, No. 1513 Civil, 1985.

COUNSEL

Jeffrey W. Davis, with him, Thomas A. Beckley, Beckley & Madden, for appellant.

Thomas W. Scott, Killian & Gephart, for appellee.

Judges Craig and Barry, and Senior Judge Kalish, sitting as a panel of three. Opinion by Judge Craig.

Author: Craig

[ 102 Pa. Commw. Page 576]

The West Shore School District appeals from a decision of the Court of Common Pleas of Cumberland County dismissing the district's appeal from an arbitrator's award. We affirm.

The West Shore Education Association and the West Shore School District were parties to a collective bargaining agreement for the years 1983-85. In 1971, the Pennsylvania Labor Relations Board (PLRB) certified the association to act as the exclusive bargaining representative for the following employees of the district:

In a subdivision of the employer unit comprised of all professional employes including teachers, nurses, dental hygienists, counselors, home and school visitor, librarians, school psychologists and senior teachers. . . .

Section 2.01 of the collective bargaining agreement provides a definition of the bargaining unit as:

This Collective Bargaining Agreement shall apply to a bargaining unit including teachers, nurses, dental hygienists, counselors, home and school visitor, librarians, school psychologists and senior teachers employed by the Board. . . .

The district had been paying long-term substitute teachers wages and benefits which were less than those provided under the agreement for teachers. On April 27, 1984, the association filed a grievance on behalf of all long-term substitutes, asserting that the long-term substitutes were part of the unit covered by the contract and were entitled to the rate of pay and the amount of benefits which the contract provided. The district's position was that the contract did not cover long-term substitutes and it therefore could pay them wages which were less than contract scale.

The arbitrator determined that the grievance was arbitrable and that all long-term ...


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