Carmichaels Area School District v. Carmichaels Area Education Ass'n

389 A.2d 1203, 37 Pa. Commw. 141, 99 L.R.R.M. (BNA) 2367, 1978 Pa. Commw. LEXIS 1239
CourtCommonwealth Court of Pennsylvania
DecidedAugust 4, 1978
DocketAppeal, No. 1087 C.D. 1977
StatusPublished
Cited by16 cases

This text of 389 A.2d 1203 (Carmichaels Area School District v. Carmichaels Area 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
Carmichaels Area School District v. Carmichaels Area Education Ass'n, 389 A.2d 1203, 37 Pa. Commw. 141, 99 L.R.R.M. (BNA) 2367, 1978 Pa. Commw. LEXIS 1239 (Pa. Ct. App. 1978).

Opinions

Opinion by

Judge Blatt,

The Carmichaels Area School District (District) appeals here from an order of the Court of Common Pleas of Greene County which dismissed the District’s appeal of an arbitrator’s decision. The arbitrator had sustained a grievance filed by the Carmichaels Area Education Association (Association).

[143]*143In January 1975, the District and the Association began negotiating a collective bargaining agreement for the 1975-76 school years to replace an agreement which was to expire June 30, 1975. In May 1975, the District adopted a calendar for the 1975-76 school year which called for 180 days of instruction and two in-service days. When the parties were unable to reach a new agreement and school reopened on September 3, 1975, the Association went out on strike and the work stoppage lasted for sixteen instructional days, ending on September 24, 1975 with the execution of a new collective bargaining agreement (agreement).

The grievance which is the subject of this appeal was filed by the Association in October 1975, following the District’s announcement that the instructional days lost because of the strike would not be made up. The grievance charged that the decision not to reschedule the strike days violated several provisions of the parties ’ agreement in that the action would reduce the annual salaries paid the teachers for the 1975-76 school year below the figures specified in the agreement. In January 1976, the District reduced the teacher’s pay checks to reflect a deduction proportionate to the number of instructional days missed because of the strike, and, when the grievance was finally submitted to arbitration, the arbitrator sustained the grievance, holding that the District owed the Association members the unpaid balance of their annual salaries as such were specified in the agreement. The lower court affirmed the arbitrator’s decision on appeal and this appeal followed.

This Court’s scope of review of an arbitrator’s award is defined in Sections 10 and 11 of the Act of April 25, 1927, P.L. 381, as amended (Arbitration Act), 5 P.S. §§170, 171, and if, in resolving the dispute between the contracting parties, the arbitrator has had [144]*144to determine the intention of the parties as evidenced by their collective bargaining agreement and the circumstances surrounding its execution, Section 11(d) establishes a scope of review similar to the “essence test” recognized in the federal courts. Community College of Beaver County v. Community College of Beaver County, Society of the Faculty (PSEA/NEA), 473 Pa. 576, 594, 375 A.2d 1267, 1275 (1977). Under this test, the arbitrator’s interpretation must be upheld if it “can in any rational way be derived from the agreement, viewed in light of its language, its context, and any other indicia of the parties ’ intention. ’ ’ Ludwig Honold Mfg. Co. v. Fletcher, 405 F.2d 1123, 1128 (3rd Cir. 1969). And an arbitrator’s interpretation of clauses of a collective bargaining agreement defining those matters to be submitted to arbitration involves a factual determination of the parties’ intention and must be reviewed with reference to the “essence test.” County of Allegheny v. Allegheny County Prison Employees Independent Union, 476 Pa. 27, 32 n.7, 381 A.2d 849, 851 n.7 (1977). The District argues here1 (1) that the grievance was not arbitrable, (2) that the the arbitrator’s award did not draw its essence from the agreement and, (3) that the arbitrator’s award is illegal and therefore unenforceable.

The arbitration of disputes or grievances arising out of the interpretation of the provisions of a collective bargaining agreement is statutorily compelled by [145]*145Section 903 of the Public Employe Relations Act2 (PERA), 43 P.S. §1101.903. Judicial inquiry into the arbitrability of a grievance is limited to a determination of (1) whether or not the parties entered into an agreement to arbitrate and (2) whether or not the dispute falls within the arbitration clause. Lincoln University v. Lincoln University Chapter, American Association of University Professors, 467 Pa. 112, 119, 354 A.2d 576, 580 (1976); North Star School District v. Pennsylvania Labor Relations Board, 35 Pa. Commonwealth Ct. 429, 433, 386 A.2d 1059, 1061 (1978). In the present case, the agreement establishes a five-step grievance procedure leading to binding arbitration at the last step, and a grievance is defined as “an alleged misinterpretation or misapplication of the provisions of this collective bargaining agreement.” The first issue we must examine, therefore, is the reasonableness of the arbitrator’s conclusion that the grievance here is one which falls within the agreement’s arbitration clause. County of Allegheny v. Allegheny County Prison Employees Independent Union, supra.

The District argues initially that the grievance is not arbitrable because it concerns scheduling of. the school calendar, a matter left to the discretion of the District both in the agreement and in the Public School Code of 19493 (School Code). The arbitrator interpreted the grievance, however, as not being directed to the District’s prerogative to set a school schedule but rather to the impact of the shortened school year on the annual salaries specified in the agreement. The arbitrator held that insofar as the grievance constituted a challenge to the District’s unilateral action [146]*146which directly resulted in a loss of salary to members of the Association, it was cognizable as a grievance arising out of the interpretation of the provisions of the parties ’ agreement. Our review of the arbitrator’s holding compels us to conclude that it is based on a reasonable interpretation of the agreement. The thrust of the grievance was directed to the effect of the shortened school year on the teacher salaries specified in the agreement. Specifically, the grievance contested the District’s interpretation that the salaries specified in the agreement could be calculated on a per diem basis with a proration for the instructional days lost because of the strike. Because the grievance here arose out of differing interpretations of provisions of the agreement, we agree with the arbitrator’s conclusion that the grievance was arbitrable.

The District also maintains that the arbitrator’s award of pay to the Association members does not draw its essence from the agreement. Essentially, the District argues that because the issue of the strike days was not specifically addressed in the agreement, the arbitrator erred in awarding the pay, and this should have been the subject of negotiation rather than of arbitration between the parties. The arbitrator’s award, however, was based on his interpretation of Articles VI and XV of the agreement.4 Noting that [147]

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Bluebook (online)
389 A.2d 1203, 37 Pa. Commw. 141, 99 L.R.R.M. (BNA) 2367, 1978 Pa. Commw. LEXIS 1239, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carmichaels-area-school-district-v-carmichaels-area-education-assn-pacommwct-1978.