Determining Whether Specific Job Classifications Are Properly Included In the Bargaining Unit
In School District of Township of Millcreek v. Millcreek Educ. Ass'n, 64 Pa. Commw. 389, 440 A.2d 673 (Pa. Cmwlth. 1982), the Court held that the purpose of a unit clarification procedure under the Public Employees Relations Act (PERA) is to determine whether specific job classifications are properly included in the bargaining unit based upon actual job functions and that Public School Code provisions are not dispositive of employee status under the PERA.
The Court concluded that the distinction in the Public School Code between permanent and substitute teachers is merely one factor to be considered in ascertaining whether the two groups share a community of interest.