Gibbons v. New Castle Area School District

Dissenting Opinion by

Judge Palladino:

I dissent.

The result of the majority’s decision is that, whenever a school district realigns its istaff, -senior teachers and administrators will have the right to choose to fill any position for which they are certificated and which is being filled by an employee with less seniority. The essence of this result is that whenever a realignment is necessary, employees with greater seniority will be able to “bump” less senior employees in order to suit the senior employee’s desires without any regard to the overall impact on the school district or the other…