Appealed From No. 1926 of 1995, G.D. Common Pleas Court of the County of Fayette. Judge WAGNER.
Before: Honorable James Gardner Colins, President Judge, Honorable James R. Kelley, Judge, Honorable Jess S. Jiuliante, Senior Judge. Opinion BY President Judge Colins.
The opinion of the court was delivered by: Colins
OPINION BY PRESIDENT JUDGE COLINS
This case involves unfair labor practices allegedly committed by the Uniontown Area School District against its employee Yolanda Defino. As a result of her non-selection for the position of Principal of the Benjamin Franklin School, Ms. Defino charged that the district committed unfair labor practices in violation of Section 1201(a)(3) and (5) of the Public Employe Relations Act *fn1 (referred to as PERA or Act). Ms. Defino charges that the Uniontown Area School District engaged in anti-union animus when it failed to offer her the principal position because of her active role in the union during her fifteen years of service with the district.
After a hearing and decision by a hearing examiner, the Pennsylvania Labor Relations Board (PLRB) found Uniontown School District had committed unfair labor practices in violation of Section 1201(a)(1) and (3) of PERA, 43 P.S. § 1101.1201(a)(1)(3), when it failed to appoint Ms. Defino to the position of principal. The PLRB vacated and set aside several of the hearing examiner's proposed findings of fact and entered the Final Order set forth below, in relevant part.
IT IS HEREBY FURTHER ORDERED AND DIRECTED
1. Cease and desist from interfering with, restraining or coercing employes in the exercise of the rights guaranteed in Article IV of the Act.
2. Cease and desist from discriminating in regard to hire or tenure of employment or any term or condition of employment to encourage or discourage membership of any employe organization.
3. Take the following affirmative action which the Board finds necessary to effectuate the policies of the Act;
(a) Rescind the appointment of the incumbent principal of the Benjamin Franklin School and award the position of principal of that school to Yolanda S. Defino along with compensation for the difference in pay between her salary as guidance counselor and the salary she would have received as principal beginning in 1991-92 and continuing until the date is awarded the position.
(PLRB Final Order pp. 9-10; R.R. p. 560a-561a.) Common pleas court affirmed. We conclude common pleas court committed an error of law when it concluded that Ms. Defino was entitled to the protection of PERA when applying for a non-contract ...