Commonwealth v. State Schools & Hospitals Federation of Teachers, Local 1830

535 A.2d 220, 112 Pa. Commw. 61, 1987 Pa. Commw. LEXIS 2752
CourtCommonwealth Court of Pennsylvania
DecidedDecember 17, 1987
DocketAppeal, No. 1931 C. D. 1984
StatusPublished

This text of 535 A.2d 220 (Commonwealth v. State Schools & Hospitals Federation of Teachers, Local 1830) 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
Commonwealth v. State Schools & Hospitals Federation of Teachers, Local 1830, 535 A.2d 220, 112 Pa. Commw. 61, 1987 Pa. Commw. LEXIS 2752 (Pa. Ct. App. 1987).

Opinion

Opinion by

Judge Craig,

State Schools and Hospitals Federation of Teachers, Local 1830, (Union) has filed an application to enforce a final appellate order in this case pursuant to Pa. R.A.P. 2591(b), which provides:

(b) Enforcement of appellate court orders.
At any time, upon its own motion or upon application, an appellate court may issue any appropriate order requiring obedience to or otherwise enforcing its judgment or other order.

Consistent with that rule is 42 Pa. C. S. §562 which empowers the Commonwealth Court “to issue . . . every lawful writ and process necessary or suitable . . . for the enforcement of any order which it may make.

The unions application requests that this court enforce against the Commonwealth that which the union considers to be the full import of our final order and judgment in Commonwealth v. State Schools and Hospitals Federation of Teachers, 88 Pa. Commonwealth Ct. 57, 488 A.2d 404 (1985). The application thus poses this question:

Where a labor arbitrators decisions, directing that improperly furloughed state employees ‘be made whole for all pay and benefits lost on account of such improper terminations,’ have been affirmed on appeal, should the appellate court enforce that affirmance by requiring that a subgroup of such employees whose state institution has been closed, after the improper furloughs but before issuance of the arbitrator’s decisions, receive backpay and benefits on the same basis as those employees whose institutions were not closed after the furloughs?

In Raum v. Tredyffrin Township Board of Supervisors, 29 Pa. Commonwealth Ct. 9, 370 A.2d 777 (1977), [64]*64this court exercised its power to enforce its decisions, by making findings of feet concerning the matter of compliance with its judgment and other pertinent events, in order to decide the enforcement application. In this case, because of the thorough and professional pleading contained in the unions application, the Commonwealths answer thereto and new matter, and the unions reply to new matter, there are admissions as to averments of feet sufficient to constitute a virtual stipulation on all relevant points, so that deciding this matter pursuant to motion for judgment on the pleadings is entirely appropriate. From the averments, as admitted, this court makes the following findings of fact.

Findings of Fact

1. Respondent, Commonwealth of Pennsylvania, Department of Public Welfare (DPW), the petitioner which initiated the above captioned appeal, is a statewide administrative agency of the Commonwealth of Pennsylvania. (Application and Answer, para. 3.)

2. In 1979, DPW transferred the educational responsibility for mentally handicapped persons to the Department of Education; in conjunction with the transfer, DPW furloughed certain employees who had been providing those educational services. The union grieved the furloughing of these employees, and, failing to resolve the issues surrounding those furloughs, the parties submitted the case to arbitration. (Application and Answer, para. 4.)

3. The arbitrators disposition ordered that each of the furloughed employees be “made whole” for all backpay and benefits lost on account of improper terminations. There was no language of exception or limitation in regard to any furloughees either in the award of the arbitrator dated 2/19/81, the disposition of the arbi[65]*65trator dated 6/6/84, or the final order of affirmance by this court, dated March 1, 1985. (Application and Answer, para. 7.)

4. Because the Commonwealth did not further appeal the order dated March 1, 1985, it is the final judicial determination in this matter. (Application and Answer, para. 6.)

5. A memorandum of agreement between DPW and the union provide that “[a]ll furloughed employees, fifty three in number . . . (emphasis added) be made whole for all pay, miscellaneous economic entitlements, and benefits lost. . . .” and, although the tentative agreement of January 28, 1986 provided that such damages were to be paid “from the time of furlough until the execution of this agreement. . . ”, section IB of the final agreement signed by the parties provides for payment “until the date such are paid by the Commonwealth.” (Application and Answer, para. 9.)

6. Subsequently, DPW sent Lillian Mason, Ronald M. Fultz, Sr. and Helen Trent, furloughees and members of the bargaining unit, letters of reinstatement, which stated that, whether or not they returned to employment with the Commonwealth, they would be paid their salaries and economic entitlements “for the period beginning with the date of furlough up to and including March 26, 1986. . . .” (Application and Answer, para. 10.)

7. Thereafter, on or about March 25, 1985, DPW sent another letter to the same persons in regard to the processing of backpay and benefits. Although that letter indicates that, in the absence of the documentation requested, the Commonwealth would be unable to process any payments to which the fiirloughees were entitled, there is no language of exception or limitation which would indicate any intention to treat any of the [66]*66furloughees in a different manner. (Application and Answer, para. 11.)

8. On April 3, 1986, representatives of the Commonwealth and of the furloughees attended a joint meeting, one of the purposes of which was to notify the furloughees of the cutoff date (May 15, 1986) for the submission of documentation regarding alternate earnings and expenditures during the period of furlough. (Application and Answer, para. 13.)

9. At no time during that meeting was there any indication by any representative of the Commonwealth of any intention to treat any of the furloughees differently. (Application and Answer, para. 14.)

10. On or about June 6, 1986, the Commonwealth notified counsel for Lillian Mason, the late Josephine Smith, Ronald M. Fultz, Sr. and Helen A. Trent — all furloughed from the Eastern Pennsylvania Psychiatric Institute (EPPI) — that Lillian Masons reimbursement for costs incurred during the period of her furlough as those costs might relate to life, health and medical insurance premiums would be made only through January 9, 1981, the “date EPPI was closed. . . .” (Application and Answer, para. 16.)

11. On or about June 10, 1986, representatives of the Commonwealth notified counsel for the four above-named EPPI furloughees that Ronald Fultz, Sr. would only be so reimbursed through January 9, 1981, “the date ‘EPPI’ was closed. . . (Application and Answer, para. 17.)

12. On or about June 1, 1986, and October 29, 1986, counsel for the four EPPI furloughees received similar notices with regard to Josephine Smith and Helen Trent. (Application and Answer, para. 18.)

13. On or about September 12, 1986, the Commonwealth sent to Lillian Mason and Ronald Fultz, Sr. checks or payroll vouchers covering “payment of retro[67]

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Raum v. Board of Supervisors
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Commonwealth v. State Schools & Hospitals Federation of Teachers, Local 1830
488 A.2d 404 (Commonwealth Court of Pennsylvania, 1985)

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Bluebook (online)
535 A.2d 220, 112 Pa. Commw. 61, 1987 Pa. Commw. LEXIS 2752, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-state-schools-hospitals-federation-of-teachers-local-pacommwct-1987.