80 Pa. Commw. 242 | Pa. Commw. Ct. | 1984
Opinion by
This case comes here on appeal from the Court of Common Pleas of Philadelphia County which ordered that .the appellants, the Philadelphia Association of School Administrators (Administrators), were not properly demoted pursuant to Section 1151 of the Code
On September 8, 1981, the Philadelphia Federation of Teachers (PFT) instituted a strike against the appellees, the School District of Philadelphia (School District). The strike involved picketing at administrative office sites as well as 'at schools within the school district. Pursuant to powers vested in him by the enactment of the Educational Supplement to the Philadelphia Home Rule Charater,
The Administrators claim that the Superintendent’s mandate, which temporarily reassigned them to teaching positions, was inconsistent with the laws of the Commonwealth and, therefore, not within the powers delegated to him by the Educational Supplement to the Philadelphia Home Rule Charter.
[T]here shall be no demotion of any professional employe either in salary or in type of position, except as otherwise provided in this act, without the consent of the employe, or, if such consent is not received, then such demotion shall be subject to the right to a hearing before . the board of school directors and an appeal in*245 the same maimer as hereinbefore provided in the ease of the dismissal of a professional employe.
The narrow question at issue, .therefore, is whether or not a temporary reassignment of properly certified school Administrators to teach senior students as well as students in need of special education for the duration of a teachers strike is a demotion within the meaning of Section 1151 of the Code
In Smith v. School District of Township of Darby, 388 Pa. 301, 130 A.2d 661 (1957), our Supreme Court said: “A demotion of a professional employee is a removal from one position and an appointment to a lower position; it is a reduction in type of position as compared with other professional employees having the same status ... a demotion in type of position means something more than a reduction in salary. To demote is to reduce to a lower, rank or class and there may be a demotion in type of position even though the salary remains the same”. Id. at 303-04, 130 A.2d at 664 (citation omitted). We believe, however, that Smith contemplates a greater indicia of permanency in job position than the case sub judice. Here, the Administrators were ordered to teach specially designated groups of students for the duration of a teachers strike, and this is significantly different from the situation in Smith, where the appellant was changed from Supervising Principal to being merely the principal of a high. school.
Specifically, therefore, we believe and must hold that an order by a School Superintendent mandating qualified administrators to teach specially designated groups of students for the duration of a teachers
The Administrators also arg*ue that the trial court erred in denying them the permanent injunctive relief requested because the School District should be barred in the future
We will, therefore, affirm the trial court’s order.
And Now, this 10th day of February, 1984, the order of the Court of Common Pleas of Philadelphia County in the above-captioned matter is hereby affirmed.
Section 1151 of the Public School Code of 1949 (Code), Act of March 10, 1949, PX. 30, as amended, 24 P.S. §11-1151.
51 Pa. Code §12.12-401 (b).
The Educational Supplement to the Philadelphia Home Rule Charter, 351 Pa. Code §12.12-401 (b), grants the Superintendent of Schools “the authority to assign and reassign all professional and classified employes of the District consistent with the laws of the Commonwealth”. The Administrators, furthermore, are professional employees, as defined by Section 1101(1) of the Code, 24 P.S. §11-1101(1). (See Finding of Fact No. 10).
Section 1151 of the Code, 24 P.S. 11-1151.
Id.
Although it is ostensibly moot, we shall nonetheless decide this issue because it is of a recurring nature, capable of repeatedly avoiding review and of important public interest. Chester Upland School District v. Chester Upland Education Association, 64 Pa. Commonwealth Ct. 523, 440 A.2d 1283 (1982).