Apollo-Ridge School District v. Apollo-Ridge Education Ass'n

799 A.2d 911, 170 L.R.R.M. (BNA) 2989, 2002 Pa. Commw. LEXIS 431
CourtCommonwealth Court of Pennsylvania
DecidedMay 29, 2002
StatusPublished
Cited by3 cases

This text of 799 A.2d 911 (Apollo-Ridge School District v. Apollo-Ridge Education Ass'n) 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
Apollo-Ridge School District v. Apollo-Ridge Education Ass'n, 799 A.2d 911, 170 L.R.R.M. (BNA) 2989, 2002 Pa. Commw. LEXIS 431 (Pa. Ct. App. 2002).

Opinions

OPINION BY

Senior Judge McCLOSKEY.1 .

The Apollo-Ridge School District (District) appeals from an order of the Court of Common Pleas of Armstrong County (trial court), which affirmed an arbitration award granting back pay to teachers Terra Begolly and Dan Rzewnicki pursuant to a collective bargaining agreement (CBA) negotiated under the Public Employe Relations Act2 (PERA) between the District and the Apollo-Ridge Education Association (Association). The Association represents a bargaining unit comprised of teachers, school counselors, nurses and librarians. We now affirm in part and reverse and remand in part.

The facts in this case are undisputed. Each year, the District’s Board of School Directors (Board) selects persons to lead various extracurricular programs offered to the District’s secondary students. The CBA refers to these positions as “extra-duty assignments.” (R.R. at 16a). Until the 1999-2000 school year, the Board always adopted the high school principal’s recommendations when making extra-duty assignments. The principal’s recommendations for the 1999-2000 school year included Begolly and Rzewnicki for “senior class sponsor” and “assistant seventh grade boys basketball coach,” respectively. Although Begolly and Rzewnicki had served in those particular capacities during prior school years, the Board did not select either Begolly or Rzewnicki for these extra-duty assignments for the 1999-2000 school year. Instead, the Board elected to fill the positions with two people who were not members of the bargaining unit.3

The Association filed grievances with the District on behalf of Begolly and Rzewn-icki, contending that the Board’s failure to re-appoint Begolly and Rzewnicki violated the CBA. The District denied that the assignment of extra-duty work was covered by the CBA and, therefore, contended that the grievances were not arbitrable. When the District and the Association were unable to resolve their differences, they submitted the grievances to arbitration.

After a hearing, the arbitrator determined that the matter was arbitrable and sustained the Association’s grievances, awarding back pay to Begolly and Rzewn-icki. The arbitrator concluded that past practice had given rise to a local working condition protected by the CBA and, therefore, the Board was obligated to assign extra-duty work to those persons recommended by the high school principal.

The District petitioned the trial court to vacate the arbitration award, arguing that: (1) the grievances were not arbitrable; (2) the Board’s actions did not violate the CBA; and (3) the arbitration award interfered with the Board’s statutory authority to hire and fire teachers. The trial court rejected each of the District’s arguments and denied the petition. The District now appeals to this' court, raising the same three arguments.

[913]*913Our Supreme Court has developed the following two-prong analysis, known as the “essence test,” which a court must follow when reviewing a labor arbitration award under PERA:

First, the court shall determine if the issue as properly defined is within the terms of the collective bargaining agreement. Second, if the issue is embraced by the agreement, and thus, appropriately before the arbitrator, the arbitrator’s award will be upheld if the arbitrator’s interpretation can rationally be derived from the collective bargaining agreement.

State System of Higher Education (Cheyney University) v. State College University Professional Association (PSEA-NEA), 560 Pa. 135, 150, 743 A.2d 405, 413 (1999).

Under the first prong of the “essence test,” this court must determine whether the issue raised by the grievances is covered by the terms of the CBA. The District contends that this question should be answered in the negative because the CBA is silent as to how extra-duty assignments are to be made. However, the arbitrator concluded, and the trial court agreed, that the grievances were arbitra-ble because, even though the CBA does not describe precisely how extra-duty assignments are to be made, it does include an extensive list of extra-duty assignments and their salaries. We agree.

Article VIII, Section C, of the CBA states that “[c]ompensation for extra-duty assignments to be provided under this agreement are reflected in Appendix C attached to and incorporated in this agreement.” (R.R. at 16a). Appendix C, entitled “Supplemental Pay Schedule,” lists all of the extra-duty assignments and their salaries. (R.R. at 47a-50a). We believe the words “to be provided under this agreement ” make it clear that the parties negotiating the CBA intended that bargaining unit members would hold the extra-duty assignments. Indeed, the very term “extra-duty assignment” evidences this intent when we consider the case of a non-bargaining unit member, not otherwise employed by the District, who is chosen for such an assignment. In such a case, it would hardly be appropriate to call the assignment “extra-duty” work; rather, it would be the only work that person performed for the District.

Notwithstanding this language of the CBA, the District maintains that the grievances were not arbitrable, relying on Harbor Creek School District v. Harbor Greek Education Association, 536 Pa. 574, 640 A.2d 899 (1994), for the general proposition that the assignment of extracurricular work to teachers cannot be subject to arbitration. We disagree that Harbor Creek can be used for the blanket proposition that grievance procedures are never available for disputes over extracurricular work. In fact, in Cranberry Area School District v. Cranberry Education Association, 713 A.2d 726 (Pa.Cmwlth.1998), petition for allowance of appeal denied, 563 Pa. 621, 757 A.2d 935 (1999), this court specifically rejected the notion that Harbor Creek created a per se rule that disputes involving extracurricular duties are not ar-bitrable.

In Harbor Creek, our Supreme Court addressed the arbitrability of a dispute over a school district’s transfer of duties from bargaining unit members to non-bargaining unit members. The court interpreted the wording of the collective bargaining agreement in that case to mean that the issue was not arbitrable. There, the collective bargaining agreement made grievance procedures available only to “professional employees,” and stated that “after-hour assignments performed by teachers, whether paid or unpaid, except for class-related activities, are voluntary [914]*914‘non-teaching duties.’ ” Harbor Creek, 536 Pa. at 578, 640 A.2d at 901-902. The court reasoned that because teachers are not functioning as “professional employees” when they perform the non-teaching duties of extracurricular work, they may not invoke the grievance procedures, including arbitration, set forth in the collective bargaining agreement for disputes over extracurricular work.

The language of the CBA here is very different from the language of the collective bargaining agreement in Harbor Creek and requires a different result. The Harbor Creek

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Apollo-Ridge School District v. Apollo-Ridge Education Ass'n
799 A.2d 911 (Commonwealth Court of Pennsylvania, 2002)

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Bluebook (online)
799 A.2d 911, 170 L.R.R.M. (BNA) 2989, 2002 Pa. Commw. LEXIS 431, Counsel Stack Legal Research, https://law.counselstack.com/opinion/apollo-ridge-school-district-v-apollo-ridge-education-assn-pacommwct-2002.