24 Pa. Commw. 167 | Pa. Commw. Ct. | 1976
Lead Opinion
Opinion by
The present appeal concerns the validity and enforceability of the sabbatical leave provision of the collective bargaining agreement between Cumberland Valley Education Association, Appellant, and Cumberland Valley School District, Appellee.
The controversy arose when two employees of the School District applied for sabbatical leave at full pay for one-half of the 1974-1975 school year under the provisions of the collective bargaining agreement. These applications were denied by Appellee on the ground that the sabbatical leave provision of the collective bargaining agreement was in conflict with the sabbatical leave provision of the Public School Code of 1949
Affirmed.
. Act of March 10, 1949, P.L. 30, as amended, 24 P.S. §1-101 et seq.
. Board of Education v. Philadelphia Federation of Teachers, Local No. 3, Pa. , 346 A.2d 35 (1975).
Dissenting Opinion
Dissenting Opinion by
I dissent. If a school district may by a collective bargaining agreement bind itself to submit to arbitration the propriety of dismissing a temporary professional employee, despite The Public School Code’s express commitment of this power to the discretion of the Board of School Directors,