Commonwealth Court of Pennsylvania, 2006

Facts of the Case

Somerset Area School District denied “long-term substitute teachers” the salary and benefits of other full time teachers. Arbitrator Thomas K. Goldie found the school district in violation of the collective bargaining agreement (CBA) with the Somerset Area Education Association by failing to recognize long-term substitute teachers’ rights within the CBA. The school district was ordered to provide long-term substitutes with benefits and salaries beginning in the 2003-2004 school year. The school district appealed to the Court of Common Pleas of Somerset County which later denied the petition to vacate the grievance award to the Association. The appeal to the Commonwealth Court was based on the contention that arbitrator committed an error in law in recognizing precedents of other cases in interpreting language of the CBA.

Decision of the Courts

The Commonwealth Court of Pennsylvania affirmed the order of the court of common pleas denying the school district’s petition to vacate the award of the Arbitrator. Language was paramount in this case in that long-term substitutes were to be considered “regular” and not “casual” employees; therefore they were to be compensated with the same salary and benefits of full time teachers under the CBA. The arbitrator’s award was deemed rationally derived and flowing logically from the CBA.

Basis

The issue was how the CBA was interpreted in defining the bargaining unit. On July 1, 1984, the Pennsylvania Labor Relations Board clarified a bargaining unit as “all regular part-time classroom teachers, librarians, guidance counselors, home and school visitors, school psychologists and school nurses.” Joint Ex.4, PERA-U-84-340-W; R.R. 104a. The 1984 clarification included “Pursuent to the parties’ agreement, the Board Representative will include part-time employes and not casual.” Joint Ex.4, R.R. 104a.

The court supported the arbitrators ruling that using the criteria established in Millcreek (School District of Township of Millcreek v. Millcreek Educ. Ass’n., 440 A.2d673 (Pa. Cmwlth. 1982) Millcreek ruled that long-term substitutes did have inter alia, an indentifiable community of interest with full time teachers. The appellate court noted that the school district’s position had been consistently rejected See West Shore; Wayne Highlands Educ. Ass’n; Nortwest Tri-County Intermediate Unit No. 5 Educ. Ass’n; Richland Educ. Ass’n.

Prepared by Michael Smith, July 19, 2006