City of Erie v. Pennsylvania Labor Relations Board

32 A.3d 625, 612 Pa. 661, 2011 Pa. LEXIS 2823, 192 L.R.R.M. (BNA) 2699
CourtSupreme Court of Pennsylvania
DecidedNovember 23, 2011
StatusPublished
Cited by13 cases

This text of 32 A.3d 625 (City of Erie v. Pennsylvania Labor Relations Board) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Erie v. Pennsylvania Labor Relations Board, 32 A.3d 625, 612 Pa. 661, 2011 Pa. LEXIS 2823, 192 L.R.R.M. (BNA) 2699 (Pa. 2011).

Opinions

OPINION

Justice TODD.

In this appeal by allowance, we consider, inter alia, whether a public employer committed an unfair labor practice when it unilaterally eliminated firefighter pension benefits, which were found to be legal, without first collectively bargaining with the firefighters’ representative. The Collective Bargaining by Policemen and Firemen Act, commonly known as Act 111 (“Act 111”),1 by its express terms, requires negotiation over the modification or elimination of pension benefits, and we find no applicable exception to this statutory mandate. Thus, for the reasons stated more fully below, we reverse the order of the Commonwealth Court.

The International Association of Firefighters, Local 293, AFL-CIO (the “Un[628]*628ion”) is the exclusive bargaining representative of a unit of firefighters and other personnel employed by the City of Erie (the “City”). While the City and the Union negotiated several previous collective bargaining agreements, the agreement at issue in this appeal was for the period from January 1, 2005 to December 31, 2007 (the “Agreement”). Article XI, Section 1 of the Agreement provided that the firefighters’ pension fund “shall be governed in accordance with statutes of the Commonwealth of Pennsylvania and City of Erie ordinances or regulations now presently in effect and promulgated.” Agreement at Article XI, Section l.2 This provision also included a mid-contract increase in the “line-of-duty” disability pension.

On May 9, 2002, an Act 111 interest arbitration panel3 issued an award that required the City to provide a Deferred Retirement Option Plan (“DROP”). The DROP provided a mechanism by which retiring firefighters could elect to receive a lump-sum payout at retirement in exchange for a lower monthly pension benefit. Thereafter, the City filed a petition to vacate the DROP provision from the award. The City reasoned that the DROP provision would prove too costly because, for DROP participants, it would result in a reduction in state aid to the firefighter pension under the Municipal Pension Plan Funding Standard and Recovery Act (“Act 205”).4 On March 28, 2003, the Erie County Court of Common Pleas granted the City’s petition to vacate the DROP provision, and, on appeal, the Commonwealth Court affirmed the trial court’s order. City of Erie v. Int’l Ass’n of Firefighters Local 293, 836 A.2d 1047 (Pa.Cmwlth.2003).

Prior to ratification of the Agreement, on May 15, 2004, the City enacted an amendment to Article 149.09 of the City’s ordinances to provide a Partial Lump Sum Distribution Option (“PLSDO”) pension benefit. While not a DROP, the PLSDO provided a similar benefit, in that it permitted firefighters to receive a lump sum payment for a reduced monthly pension benefit.5 Unlike the DROP, however, the [629]*629PLSDO was structured so that the City would not forfeit state funding for PLSDO participants. The Auditor General, however, on November 27, 2006, issued a finding in conjunction with an audit of the City’s pension funds criticizing and describing as illegal certain aspects of the PLSDO that pertained to the City’s election of state aid for PLSDO participants.

In response to the Auditor General’s finding, on December 20, 2006, the City modified the existing firefighter’s pension plan by enacting Ordinance 75-2006, which repealed in its entirety the PLSDO benefit contained in Article 149.09. The City did not bargain with the Union over its elimination of the PLSDO from the firefighters’ pension plan, taking the position it was not required to do so.

Thereafter, on January 5, 2007, the Union filed a charge of unfair labor practices with the Pennsylvania Labor Relations Board (the “Board” or the “PLRB”), in which it alleged, as discussed more fully below, that the City’s unilateral elimination of the PLSDO violated the City’s duty to collectively bargain, as mandated by Section 6(l)(a), (c), and (e) of the Pennsylvania Labor Relations Act (“PLRA”),6 see 43 P.S. § 211.6(1)(a), (c), and (e), and Act 111.7 On March 9, 2007, the Secretary of the Board issued a Complaint and Notice of Hearing. In lieu of a hearing, the parties agreed to submit a Joint Stipulation of Facts, along with briefs.

Hearing Examiner Thomas Leonard issued a Proposed Decision and Order on January 4, 2008, in which he concluded that pensions are a mandatory subject of bargaining under Act 111, and the City’s unilateral elimination of the PLSDO violated the City’s statutory duty to bargain with the Union in violation of Section 6(l)(a) and (e) of the PLRA.8 The Hearing Examiner ordered, inter alia, that the City rescind the repeal of the PLSDO ordinance and cease and desist from refusing to collectively bargain with the Union. The City filed exceptions on January 22, 2008. On March 18, 2008, the Board issued a Final Order which dismissed the exceptions and affirmed the Proposed Decision and Order. Thereafter, the City filed a Petition for Review with the Commonwealth Court.

On appeal, a three-judge panel of the Commonwealth Court reversed the Board’s order denying the City’s exceptions. In doing so, the court found that, although Act 111 mandated bargaining over pension benefits, the City did not violate its bargaining obligations by unilaterally rescinding the PLSDO for the firefighters because the Agreement was not sufficiently clear as to the intention of the parties regarding this benefit. City of [630]*630Erie v. PLRB, 652 C.D.2008 (Pa.Cmwlth. filed March 5, 2009).9

Specifically, in an unpublished opinion authored by Judge Mary Hannah Leavitt, the court initially considered the issue of whether the PLSDO was incorporated into the Agreement. The court examined the terms of the Agreement and concluded that the language in Article XI, Section 1 — that the pension fund “shall be governed” in accordance with state statutes and the City’s ordinances — was general and unclear as to whether the PLSDO was a part of the Agreement. Further, the court noted that the negotiated substantive improvement to the pension plan contained in the Agreement — that “the Firefighters’ Pension Plan will be amended to increase the line-of-duty disability pension from 50% to 75%” — was presented in bold. This was not done so for the PLSDO. According to the court, it was inconsistent and illogical that the parties did not pursue a similar drafting style for the PLSDO had it been a negotiated improvement to the pension plan under the Agreement. Second, the court found informative that Article XI, Section 1 was a carryover sentence that appeared in a prior collective bargaining agreement. Section 5 of the Agreement was reserved for a DROP, but was left blank. The Commonwealth Court opined that, if the parties had negotiated for the PLSDO, “they should have included it in Article XI, Section 5; or in Article I, Section 1 in bold; or in both places in the [Agreement].” City of Erie v. PLRB, at 12. Moreover, the court pointed out that the stipulation of facts was silent over whether the parties bargained over the PLSDO.

Having found the PLSDO was not incorporated into the Agreement, the court determined that an exception to the general duty to bargain expressed in its prior decision in

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Towamencin Twp. v. PA LRB
Commonwealth Court of Pennsylvania, 2022
Lower Swatara Twp. v. Pa. Labor Relations Bd.
208 A.3d 521 (Commonwealth Court of Pennsylvania, 2019)
Dailey v. Pennsylvania Labor Relations Board
148 A.3d 920 (Commonwealth Court of Pennsylvania, 2016)
Chambersburg Borough v. Pennsylvania Labor Relations Board
139 A.3d 189 (Supreme Court of Pennsylvania, 2016)
Kaolin Workers Union v. Pa. Labor Relations Bd.
140 A.3d 748 (Commonwealth Court of Pennsylvania, 2016)
American Federation of State v. Pennsylvania Labor Relations Board
111 A.3d 1140 (Supreme Court of Pennsylvania, 2015)
Fraternal Order of Police, Flood City Lodge No. 86 v. City of Johnstown
39 A.3d 1010 (Commonwealth Court of Pennsylvania, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
32 A.3d 625, 612 Pa. 661, 2011 Pa. LEXIS 2823, 192 L.R.R.M. (BNA) 2699, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-erie-v-pennsylvania-labor-relations-board-pa-2011.