Davis v. Chester Upland School District

754 A.2d 733, 2000 Pa. Commw. LEXIS 349
CourtCommonwealth Court of Pennsylvania
DecidedJune 26, 2000
StatusPublished

This text of 754 A.2d 733 (Davis v. Chester Upland School District) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Davis v. Chester Upland School District, 754 A.2d 733, 2000 Pa. Commw. LEXIS 349 (Pa. Ct. App. 2000).

Opinion

COLINS, Judge.

Chester Upland School District, Jeffrey Leggette, Kirkwood Cottman, Andrea Gol-son, Fred Moon, Donald Masse, Charles Davis, and Joseelyn Keeve Bagley (collectively, appellants) appeal the declaratory judgment order of the Court of Common Pleas of Delaware County (trial court) holding that the School District violated Section 1125.1(d)(2) of the Public School Code of 1949 (School Code)1 when it failed to recall furloughed professional employees to fill newly created positions. The trial court denied their post-trial motion.

Natalie Davis, Clyde Taylor, Benjamin Robinson, Richard Davison, Mary Hoo-sack, Charles Colder, Farlea Howie, Elroy Savage, Helen Myers, Monica Androski, and Kenneth Miller (collectively, furloughed employees), the plaintiffs below, are tenured professional employees of the School District who were suspended from their employment under Section 1124 of the School Code, 24 P.S. § 11-1124, because of a decrease in pupil enrollment. In late 1992, when the Chester High School was experiencing severe discipline problems and was temporarily shut down, the School District created new positions to help deal with the problems: four positions as House Coordinator, one position as In-School Suspension Teacher, one position as Vocational Special Needs Coordinator, and one position as Student Assistance Coordinator. The School District hired the appellants, defendants below, as professional employees or temporary professional employees to fill the new positions.

The furloughed employees filed a declaratory judgment action alleging that they were qualified for one or more of the new positions, had more seniority on the furlough/recall list, and therefore, should have been notified of the open positions and hired ahead of the appellants because under Section 1125(d)(2) of the School Code, suspended professional employees must be reinstated on the basis of their seniority and no new appointments may be made when a suspended professional employee is [735]*735available and properly certificated to fill the vacancy. The complaint requested a declaration that the School District violated Section 1125.1 of the School Code when it hired each of the appellants and that the furloughed employees were qualified to fill the positions; it requested an order directing the School District to hire the most senior of the furloughed employees to fill each new position retroactive to the 1992 date when each of the appellants was hired.

After a hearing, the trial court found that for each of the new positions, the School District failed to hire the most senior employee. Based on the job postings and the testimony of Anne Shuster, a basic education coordinator for the Pennsylvania Department of Education, Bureau of Teacher Preparation and Certification, who testified for the furloughed employees, the trial judge found that the new positions required only basic level I or II teaching certification,2 which all of the furloughed employees possessed. For each of the new positions, the judge found that at the time it was filled, one or more of the furloughed employees had more seniority and were eligible to hold the position. The trial court found that all of the furloughed employees retained the right to be recalled by notifying the School District of their desire and intent to remain eligible for recall. The trial court concluded that the School District violated Section 1125.1(d)(2) of the School Code and directed it to hire the furloughed employee with the most seniority retroactive to each position’s 1992 hire date.

On appeal to this Court,3 the School District and the other appellants argue 1) that the trial court lacked jurisdiction over the cause of action because the furloughed employees failed to pursue remedies under the collective bargaining agreement or the local agency law; 2) that the trial court erred in concluding that the furloughed employees were entitled to recall for the open positions because they did not meet the certification requirements of the Department of Education and were not entitled to be recalled to nonprofessional positions or to promotional, administrative positions; 3) that the School District had valid educational reasons for not recalling the furloughed employees; and 4) that the trial court erred in granting the furloughed employees retroactive relief.

Whether a court should exercise jurisdiction over a declaratory judgment proceeding is a matter of sound judicial discretion. Penna. State Lodge v. Commonwealth, 692 A.2d 609 (Pa.Cmwlth.1997), affirmed, 550 Pa. 549, 707 A.2d 1129 (1998). The existence of an alternative remedy is not grounds for refusal to proceed under the Declaratory Judgments Act unless the action seeks a divorce or annulment of marriage, is in the exclusive jurisdiction of another tribunal, or involves an appeal from another tribunal. 42 Pa. C.S. § 7541; P.J.S. v. Penna. State Ethics Commission, 669 A.2d 1105 (Pa.Cmwlth.1996). Clearly, the furloughed employees’ claims were not within the exclusive jurisdiction of another tribunal, nor do they involve an appeal of another tribunal’s order.4

[736]*736Next, the appellants argue that the furloughed employees were not entitled to recall to the open positions because they did not meet the certification requirements that the Department of Education set for those positions and because they were not entitled to be recalled to nonprofessional positions or to promotional, administrative positions. Citing the testimony of Anne Shuster, they argue that the positions required specialized certifications that the furloughed employees did not possess and in some cases required administrative certification. They contend that under the School Code, furloughed employees are not entitled to be recalled to nonprofessional positions or administrative positions, which for all of the furloughed employees would constitute a promotion. The appellants also argue that the School District had valid educational reasons for not hiring the furloughed employees in addition to their lack of the specialized certifications.

The furloughed employees argue that although the Department of Education may have determined that these positions require specialized or administrative certifications, the Department has no power to enforce its certification determinations, and these requirements were not spelled out in the job descriptions, which School District did not submit to the Education Department for review. They further argue that the appellants who were hired similarly did not possess the specialized certifications.

Section 1125.1(d)(2) of the School Code provides in pertinent part, “Suspended professional employes ... shall be reinstated on the basis of their seniority within the school entity. No new appointments shall be made while there is such a suspended ... professional employe available who is properly certificated to fill such vacancy.” 24 P.S. § ll-1125.1(d)(2). Although Section 1125.1(d)(2) limits a school district’s discretion to assign teachers when a suspended teacher is certificated to fill a vacancy, this provision “does not offer complete protection based upon seniority. Seniority is a prominent, but not singular, interest of the Public School Code.... [Seniority may give way to other educational interests.” Bennett v. Central Montgomery Vo-Tech, 550 Pa.

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Bluebook (online)
754 A.2d 733, 2000 Pa. Commw. LEXIS 349, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-chester-upland-school-district-pacommwct-2000.