Rishkofski v. Central Columbia Area School District

67 Pa. D. & C.2d 406, 1973 Pa. Dist. & Cnty. Dec. LEXIS 48
CourtPennsylvania Court of Common Pleas, Columbia County
DecidedDecember 19, 1973
DocketNo. 280
StatusPublished
Cited by1 cases

This text of 67 Pa. D. & C.2d 406 (Rishkofski v. Central Columbia Area School District) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Columbia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rishkofski v. Central Columbia Area School District, 67 Pa. D. & C.2d 406, 1973 Pa. Dist. & Cnty. Dec. LEXIS 48 (Pa. Super. Ct. 1973).

Opinion

MYERS, P. J.,

This is an action in assumpsit which was initially commenced by a praecipe for summons filed by the plaintiffs’ [407]*407attorney on behalf of several school teachers professionally employed by the defendant school district.

Subsequent to the filing of the summons, the claims of certain of the plaintiff school teachers were settled. Thereafter, a complaint in assumpsit was filed on behalf of the remaining four teachers whose claims had not been settled at that time.

Defendant’s answer then admitted liability as to one of the plaintiffs, to-wit, Clyde Gass, but disputed the claims of the remaining plaintiffs, to-wit, Joseph Rishkofski, James Hartman and Richard Michael.

Thus, the claims of the said Joseph Rishkofski, James Hartman and Richard Michael are now before the court for disposition, following hearing without a jury as agreed upon by the parties.

The three plaintiffs claim that they are owed the difference between what they were paid during certain school years in question and what the plaintiffs allege are the mandated salaries under the two applicable acts of assembly, to wit, Act 405 of December 9, 1965, P.L. 1057; and Act 96 of June'12, 1968, P.L. 192; see 24 PS §11-1142.

The court has struggled with this case. We have attempted to apply the sometimes unclear evidence offered on the record to the confusing and complex statutory formulas set forth in the acts of assembly. It appears to us that the framers of these statutory formulas may be commended for their intellect, but certainly not for their clarity.

We also feel that certain of the plaintiffs’ testimony lacked a satisfactory understandable explanation of the thrust of their contentions.

In spite of these problems, we have attempted to arrive at a just result. In so doing, we acknowledge that the decision in this case has been too long forthcoming.

[408]*408Since the contentions of plaintiffs Rishkofski and Michael are essentially similar and based upon common legal principles, we shall first take up the claim of plaintiff James Hartman.

The facts indicate that Mr. Hartman executed a written employment contract with the defendant school district on July 3, 1967, to act as a professional employe beginning with the school year 1967-68. The written contract stated that Mr. Hartman was hired for “an annual compensation of $5,100.00.”

At that time the minimum salary mandated by the Commonwealth of Pennsylvania for a beginning teacher holding a college certificate was $4,500 annually, plus a yearly increment of $300. The defendant school district contends that Mr. Hartman was actually hired at a salary of $4,800, plus $300 for extra credits; that such was the oral understanding between the parties at the time the contract was executed; and that Mr. Hartman has been paid according to that understanding.

On the other hand, Mr. Hartman alleges that he was hired at a salary of $5,100 annually, as set forth in the written contract, and that he is owed an additional $300 per year for extra credits for the four school years ending with the school year 1971-72.

One of the principal questions in all three cases revolves around the proper application of section 1142(a) of Act 405, which directed school districts to pay the teachers the minimum salary and increments for the school year 1965-66 and each school year thereafter as provided in the statutory formulas, and in accordance with the column in which the professional employe is grouped and the step which the professional employe has obtained by agreement, or by years of experience within the school district, whichever is higher, each succeeding step constituting one year of service.

[409]*409Thus, the crucial language to be interpreted is the “step which the professional employee has obtained by agreement.” See Deeter et al. v. Berlin Brothers Valley School District, No. 1093 of 1969 in Somerset Co., Pa.

In Baldacchino v. Central Cambria School District, 29 Cambria 1 (1970), the court passed upon this question, and we conclude that its holding is applicable to the instant case. In Baldacchino, supra, the court held that “the step attained by agreement” at the time of the initial agreement means the “point” in the schedule agreed upon by the teacher and the school district at the time of initial employment. The court further held that the “point” or “step” in the schedule at the time of initial employment is determined by the amount that the agreed annual salary at the time of initial employment exceeds the mandated minimum salary at the time of initial employment, in accordance with the yearly increment then in effect. Baldacchino was affirmed per curiam by the Superior Court, 218 Pa. Superior Ct. 752.

The court, in Baldacchino, supra, went on to state that Act 405 mandates that all teachers, such as the plaintiffs herein, who have attained the steps by agreement at the time of initial employment, for any given subsequent year signed while still in the employment of the same school district, shall be paid no less than the amount shown on that step of the appropriate salary schedule for the year involved, which step is the sum of the steps obtained by agreement at the time of initial employment in accordance with the schedule then in effect, plus one step for each and every year of service thereafter.

The mandate for the addition of one step for each year of service in addition to the initial step attained by agreement comes from section 1142(e) of Act 405 and section 1142(f) of Act 96. Thus, if a teacher has [410]*410initially attained a step by agreement, his step by agreement for any subsequent year while employed by the same school district is obtained by adding one step for each year of service to the initial step attained by agreement. See also Welsh v. Wilkes-Barre Board of Education, 46 D. & C. 2nd 61.

Whatever the reason for fixing the teacher’s salary, it becomes a part of the contract of employment and thus part of the determination of the step attained by agreement. See Welsh v. Wilkes-Barre Board of Education, supra.

It thus becomes necessary for the court to interpret the contract between Mr. Hartman and the defendant school district.

It is a fundamental rule that when parties have reduced their understandings to writing, as the case herein, the law declares the written contract to be not only the best, but the only evidence of their agreement. All preliminary negotiations, conversations and oral understandings are merged into and superseded by the subsequent written contract. This legal principle is a part and parcel of what is commonly referred to as the “parol evidence rule.” See Adams v. Frederickson, 384 Pa. 32.

There are, of course, several exceptions to the parol evidence rule, which we need not explore in this opinion. However, one exception may be noted in passing. That exception permits contractual provisions which are patently ambiguous to be clarified by the admission of parol or oral evidence. However, we see no such ambiguity in the Hartman employment contract, and therefore that exception to the parol evidence rule is not applicable here. On the contrary, it appears to this court that the language in the Hartman contract referring to his compensation is clearcut and unambiguous.

[411]*411Applying the above principles, we conclude that Mr.

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Bluebook (online)
67 Pa. D. & C.2d 406, 1973 Pa. Dist. & Cnty. Dec. LEXIS 48, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rishkofski-v-central-columbia-area-school-district-pactcomplcolumb-1973.