Long Term Substitute Teacher Rights In Pennsylvania
In School District of Millcreek v. Millcreek Education Association, 64 Pa. Commw. 389, 440 A.2d 673 (Pa. Cmwlth. 1982), the Court affirmed a decision by the Pennsylvania Labor Relations Board (PLRB) that long-term substitute teachers were members of the bargaining unit defined in the collective bargaining agreement as "teachers, traveling teachers, guidance counselors, librarians, traveling librarian, dental hygienist, speech therapists, and nurses." Millcreek, 440 A.2d at 674.
The PLRB first considered whether the substitutes shared a "community of interest" with any of the enumerated members of the bargaining unit.
The PLRB found that the long-term substitute teachers shared a community of interest with "teachers," reasoning that 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. . . .Millcreek, 440 A.2d at 675.
Next, the PLRB considered whether the long-term substitutes had an "expectancy of continued employment" and found that they did.
Because of their community of interests with teachers and their expectation of continued employment, the substitutes were found to be members of the bargaining unit.
On appeal, this Court affirmed the PLRB's determination. Millcreek, 440 A.2d at 674-76.