64 Pa. Commw. 389 | Pa. Commw. Ct. | 1982
Opinion by
In February 1971, the Pennsylvania Labor Relations Board (PLRB) certified the Millcreek Education Association (Union) as the exclusive representa
When a dispute arose in 1976 concerning the inclusion of the long-term substitute teachers in the bargaining unit, the Union filed a petition for unit clarification with the PLEB. The PLEB found that the long-term substitutes shared a “community of interest” with the other full-time permanent employees sufficient to justify their inclusion in the same bargaining unit. On appeal by the School District, the Court of Common Pleas of Erie County affirmed the decision of the PLEB. This appeal followed:
Section 604 of the Public Employe Eelations Act (PEEA), Act of July 23, 1970, P.L. 563, 43 P.S. §1101.604, provides, in pertinent part, as follows:
The [PLEB] shall determine the appropriateness of a unit which shall be the public employer unit or a subdivision thereof. In determining the appropriateness of the unit, the [PLEB] shall:
(1) Take into consideration but shall not be limited to the following: (i) public employes must have an identifiable community of interest, and (ii) the effects of over-fragmentization.
In reviewing the PLEB’s application of this section, the court must rely upon the expertise of the PLEB
In applying Section 604, the PLRB first considers whether long-term substitute teachers: are part-time employees who possess a community of interest with other members of the unit, rather than casual employees who possess only a limited interest in the employment relationship. It is settled that, where a sufficiently strong community of interest exists, part-time employees may be included in the same bargaining unit with full-time employees. Albert Einstein Medical Center v. Pennsylvania Labor Relations Board, 17 Pa. Commonwealth Ct. 91, 330 A.2d 264 (1975). In order to establish this community of interest, the PLRB then requires the part-time employees to demonstrate an “expectancy of continued employment.”
The PLRB found that the long-term substitute teachers were required to have the same teaching certification for the Department of Education as full-time permanent teachers; they had to work the same daily hours and academic year; they had to assume the same teaching assignments and teacher-related duties such as homeroom, bus duty, hall duty, and study hall; they were observed and evaluated using the same standards and procedures; they were required to prepare the same lesson plans and attend parent-teacher conferences, in-service days, and PTA meetings. After determining that the long-term substitutes had demonstrated an expectancy of continued employment, the PLRB concluded that an identifiable
The School District first argues that the PLEB erred in its decision since the Public School Code of 1949 does not include substitute teachers in its definition of “teacher,”
The School District next argues that long-term substitute teachers cannot possess a reasonable expectancy of continued employment since they are teaching in positions encumbered by professional em
The School District finally contends that the decision of the PLEB should operate prospectively only, since it creates a new principle of law by including long-term substitute teachers in the same bargaining unit with other permanent employees where the long-term substitutes possess an expectancy of continued employment. This argument was not raised before the PLEB, and Section 1501 of the PEEA, 43 P.S. §1101.1501, prohibits a reviewing court from considering an objection which has not been raised before the PLEB absent “extraordinary circumstances,” which we do not find here. See In re Employees of Taylor Hospital, 33 Pa. Commonwealth Ct. 160, 380 A.2d 1325 (1977).
Order affirmed.
Order
And Now, this 3rd day of February, 1982, the order of the Court of Common Pleas of Erie County, dated November 3, 1980, affirming the decision of the
Section 1141(1) of the Public School Code of 1949, Act of March 10, 1949, P.L. 30, as amended, 24 P.S. §11-1141(1).
The School District also contends that the PLRB erred in its decision, since (1) long-term substitutes are similar in many aspects to casual substitutes and (2) the bargaining history indicates that long-term substitutes were not mentioned a the time of certification. Again, these factors alone do not compel a different result; they are only two of many circumstances that the PLRB must consider in determining the appropriate bargaining unit.