Merrell v. Chartiers Valley School District
51 A.3d 286
| Pa. Commw. Ct. | 2012Background
- Merrell, a U.S. Air Force veteran, applied for a social studies teaching position with Chartiers Valley School District (District) in 1997 and 1999 and alleges he was qualified but not hired due to omitting veteran’s preference under 51 Pa.C.S. § 7104(a).
- The trial court initially dismissed as untimely but this Court held the April 28, 1999 decision letter not an adjudication subject to the 80-day appeal period and remanded to determine qualification and any flaw in the hiring process.
- On remand, liability was tried bench-style; the District used Development Dimension International (DDI) STAR process with 12 qualities for evaluating teachers; Merrell received a 4W overall rating in 1997 and was not referred to the School Board.
- The trial court found Merrell had the requisite qualifications, identified a flaw in the District’s hiring process antagonistic to the Act, and ordered Merrell placed as a teacher as of 1997 with backpay and benefits.
- A damages trial awarded backpay calculated on a year-by-year basis (not total offset), plus fringe benefits, PSERS contributions, and related costs; the District appealed, and the appellate court affirmed.
- The opinion affirms, with a ruling that Merrell’s veteran’s preference was ripened by reaching the final stage had the process not been flawed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Merrell qualified for veteran’s preference | Merrell satisfied qualifications; later stages show merit as a final three applicant | Merrell was not among final three in 1997 and not among top nine in 1999; no flaw shown | Yes; Merrell qualified and process flaw violated §7104(a) |
| Whether there was a flaw in the hiring process | Process biased against Merrell; DeBoer’s qualifications overstated; Veteran preference should ripen | No demonstrated bad faith; process legitimate | Yes; process flaw prevented ripening of preference |
| Appropriate damages method to make Merrell whole | Year-by-year method aligns with make-whole principle; total offset would be unjust | Total offset would prevent backpay; would reward delay | Year-by-year method affirmed; makes Merrell whole |
| Mitigation of damages and pension treatment | Mitigation was reasonable; PSERS enrollment appropriate | Pension/benefits contested; offset possible | Damages including PSERS and fringe benefits properly awarded |
Key Cases Cited
- Brickhouse v. Spring-Ford Area School District, 540 Pa. 176, 656 A.2d 483 (Pa. 1995) (vet preferences subject to reasonableness; qualifications matter)
- Rasmussen v. Borough of Aspinwall, 103 Pa.Cmwlth. 109, 519 A.2d 1074 (Pa. Cmwlth. 1987) (employer must hire final recommended veteran if qualified)
- Leftwich v. Harris-Stowe State College Board of Regents, 702 F.2d 686 (8th Cir. 1983) (year-by-year backpay method approved in some contexts)
- Seven-Up Bottling Co. of Miami, Inc., 344 U.S. 344, 73 S. Ct. 287, 97 L. Ed. 377 (U.S. 1953) (backpay calculation; quarterly framework)
- Isis Plumbing & Heating Co., NLRB 138, 716 (NLRB 1962) (backpay calculation reaffirmed on quarterly basis)
- Woolworth Co., 90 N.L.R.B. 289 (NLRB 1950) (make-whole damages guided by quarterly approach)