Corbett v. Scranton School District

731 A.2d 1287, 557 Pa. 118, 1999 Pa. LEXIS 1785
CourtSupreme Court of Pennsylvania
DecidedJune 24, 1999
StatusPublished

This text of 731 A.2d 1287 (Corbett v. Scranton School District) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Corbett v. Scranton School District, 731 A.2d 1287, 557 Pa. 118, 1999 Pa. LEXIS 1785 (Pa. 1999).

Opinion

OPINION

ZAPPALA, Justice.

Appellants appeal from the order of the Commonwealth Court reversing the order of the Lackawanna County Common Pleas Court granting summary judgment in their favor. Appellants are professional employees who were transferred from the Northeastern Intermediate Unit to the Scranton School District pursuant to the Transfer Between Entities Act (Act). 1 Even though each of the Appellants had been em *120 ployed by the Intermediate Unit for more than seven years, the District credited them with only seven years of experience for salary step purposes. The Commonwealth Court sustained this action. We now reverse.

Prior to June of 1992, Appellants were employees of the Northeastern Intermediate Unit No. 19. They provided educational services to visually and hearing impaired students at the Scranton School District. In early 1992, the District decided that, beginning the following school year, it would provide these services itself. Appellants then requested the Intermediate Unit to suspend them so that they would be available for transfer to the District pursuant to the Act. Thereafter, the District informed Appellants, individually by letter, that they were being appointed to perform the transferred services within the District pursuant to the Act, which provides in relevant part:

(a) When a program or class is transferred as a unit from one or more school entities to another school entity or entities, professional employes who were assigned to the class or program immediately prior to the transfer and are classified as teachers as defined in section 1141(1) and are suspended as a result of the transfer and who are properly certificated shall be offered employment in the program or class by the receiving entity or entities when services of a professional employe are needed to sustain the program or class transferred, as long as there is no suspended professional employe in the receiving entity who is properly certificated to fill the position in the transferred class or program.
(b) Transferred professional employes shall be credited by the receiving entity only for their sick leave accumulated in the sending entity and also for their years of service in the sending entity....

24 P.S. § 11-1113. The District requested that Appellants provide a letter from the Intermediate Unit documenting their prior years of service.

*121 Despite the fact that Appellants all had more than seven years of service with the Intermediate Unit, the District informed them that they would only be credited for a total of seven years of service for purposes of salary step. The District based its decision to limit credit for years of service to seven years on a provision of the then-current collective bargaining agreement executed in 1990 by the District and the Federation of Teachers, which provided that “[n]ewly appointed teachers shall receive year-for-year credit on the salary schedule for no more than seven (7) years of prior teaching experience....”

The District concluded that the foregoing language was applicable to Appellants and superseded the Act based upon its interpretation of subsection (c) of the Act, which provides in part:

(c) Nothing contained in this section shall be construed to supersede or preempt any provision of a collective bargaining agreement in effect on February 4,1982... .[ 2 ]

The District interpreted the foregoing language to mean that any provision in its collective bargaining agreement in effect on February 4, 1982, that was likewise included in subsequent collective bargaining agreements, superseded the requirements of the Act. Because the foregoing provision found in the District’s 1990 collective bargaining agreement, limiting credit for years of service to seven years, consistently appeared in the District’s collective bargaining agreements, including the agreement in effect on February 4, 1982, the District concluded that its language superseded the Act as specified in subsection (c). 3

*122 Appellants filed a declaratory judgment action with the trial court requesting the court to declare the District’s failure to credit them with all of their prior years of service to be in violation of the Act. Following the close of the pleadings, both parties moved for summary judgment. The trial court granted Appellants’ motion. The court disagreed with the District’s interpretation of subsection (c). The court interpreted the language of subsection (c) to mean that only collective bargaining agreements in effect on February 4, 1982 superseded the Act and that any provisions found in collective bargaining agreements executed after February 4, 1982, do not. Accordingly, since the language at issue here was part of the 1990 collective bargaining agreement, an agreement that was executed after the February 4, 1982 agreement had expired, the court held that such language did not supersede the Act.

On appeal, the Commonwealth Court disagreed with the trial court’s interpretation of subsection (c) and concluded that such interpretation would lead to an absurd result. The court noted that the Legislature did not include the phase “in effect on February 4, 1982,” appearing in subsection (c), until the Act was amended in 1991. Thus, in applying the rules of statutory interpretation, the court noted the following:

[W]e cannot attribute to the Legislature an intention in enacting the 1991 amendments that produces an absurd result. It is clear that in 1991 the Legislature chose to add the date of the Act’s initial passage (February 4, 1982) to subsection (c) to limit, to some extent, the ability of parties to supersede the requirements of the Act by the inclusion of contradictory provisions in CBAs. It is equally clear that no CBA in effect in 1982 remained in effect in 1991. Thus, if the phrase “in effect on February 4, 1982” referred to CBAs themselves rather than to provisions within CBAs, subsection (c) would have been a nullity when it was enacted. We are not willing to attribute such an absurd result to the Legislature.

*123 Corbett v. Scranton School District, 704 A.2d 709, 712 (1997) (citations omitted) (footnote omitted) (emphasis in original).

Here, Appellants maintain that the Commonwealth Court erred in interpreting the language of subsection (c) of the Act. They maintain that the language of the Act is clear and free of ambiguity and that the court’s resort to the rules of statutory interpretation was unnecessary and improper. Moreover, Appellants assert that even if statutory interpretation were necessary, the court improperly ignored the obvious, judicially recognized, salutary intent and purpose of the statute, which is to protect the interests of teachers involved in a transfer between school entities. Finally, Appellants argue that the Commonwealth Court’s decision in this case conflicts with its reasoning employed in

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Related

Luzerne Intermediate Unit 18 Education Ass'n v. Pittston Area School District
650 A.2d 1112 (Commonwealth Court of Pennsylvania, 1994)
Corbett v. Scranton School District
704 A.2d 709 (Commonwealth Court of Pennsylvania, 1997)

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Bluebook (online)
731 A.2d 1287, 557 Pa. 118, 1999 Pa. LEXIS 1785, Counsel Stack Legal Research, https://law.counselstack.com/opinion/corbett-v-scranton-school-district-pa-1999.