Greene County v. District 2, United Mine Workers

852 A.2d 299, 578 Pa. 347, 2004 Pa. LEXIS 1407, 175 L.R.R.M. (BNA) 2595
CourtSupreme Court of Pennsylvania
DecidedJune 23, 2004
Docket31 WAP 2002
StatusPublished
Cited by30 cases

This text of 852 A.2d 299 (Greene County v. District 2, United Mine Workers) 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
Greene County v. District 2, United Mine Workers, 852 A.2d 299, 578 Pa. 347, 2004 Pa. LEXIS 1407, 175 L.R.R.M. (BNA) 2595 (Pa. 2004).

Opinions

OPINION

Chief Justice CAPPY.

In this appeal we are asked to consider a challenge to a grievance arbitration award rendered pursuant to a collective bargaining agreement and the Pennsylvania Employe Relations Act (“PERA”).1 Specifically, we are asked by Appellants Greene County and Greene County Children and Youth Services (collectively, “CYS”) to determine whether the Commonwealth Court erred in upholding the arbitrator’s award as [350]*350being rationally derived from the collective bargaining agreement under the applicable standard of review known as the essence test. Based upon the aspects of the essence test set forth in our decision in City of Easton v. American Federation of State, County and Municipal Employees, AFL-CIO, Local 447, 562 Pa. 438, 756 A.2d 1107 (2000), we conclude that the arbitrator’s award fails to pass that test and thus, we reverse the order of the Commonwealth Court and reinstate the order of the Court of Common Pleas of Greene County which vacated the arbitrator’s award.

While the material facts underlying this matter, as found by the arbitrator, are somewhat lengthy, they are essential for proper resolution of this appeal. CYS provides child welfare services to Greene County residents. It provides these services through a staff of an Administrator, three Supervisors, and twelve Caseworkers. Christopher McKenzie was hired by CYS into the position of part-time Caseworker I on July 12, 1993 and approximately six months later he became a full-time employee. The Caseworker I job description requires, inter alia, that the caseworker keep dictation on all assigned cases current and perform all necessary paperwork. Indeed, the arbitrator noted that case file dictation was a critical aspect of the caseworker’s duties and it was an unwritten policy that dictation should be kept current within approximately six weeks. Arbitration Award p. 2.

Approximately one year after assuming full time status, it came to light that McKenzie suffered from certain performance shortcomings. Specifically, on February 23, 1995, McKenzie’s supervisor issued to McKenzie a memorandum identifying five files that were lacking dictation. These files dated back to March 1994. The memorandum noted that these files were previously brought to McKenzie’s attention and that it was “imperative” that his dictation be brought into compliance. Arbitration Award p. 2. McKenzie’s July 1995 performance evaluation resulted in an overall rating of “low good.” Again in July 1996, McKenzie’s supervisor issued a second memorandum notifying McKenzie of twelve files lacking dictation. McKenzie again received an overall rating of [351]*351“low good” in his August 1996 evaluation which highlighted the lack of dictation and failure to maintain files appropriately. Arbitration Award p. 3.

On August 1, 1996, McKenzie’s supervisor and the administrator issued McKenzie a joint written reprimand regarding improper use of sick time. One month later, McKenzie received a second written reprimand concerning the failure to file CY-48 reports within thirty days of receiving a complaint of child abuse, as required by agency and state rules. This shortcoming in filing resulted in such reports being automatically expunged and placed children at risk of harm. The reprimand warned that “Any future violation(s) will result in disciplinary action which may include suspension.” Arbitration Award p. 4.

On November 21,1996, McKenzie’s supervisor issued to him a memorandum apprising him that seventeen files were lacking information. This was after McKenzie had received a previous memorandum alerting him that there would be a file review. This memorandum required that “you must complete all dictation by 12/13/96. Failure to comply will result in suspension.” Arbitration Award p. 4. Thereafter, McKenzie was issued a notice of suspension for failing to finish his work assignments by the deadline set for compliance. McKenzie was specifically notified that his failure to complete his work or failure to complete such work in a timely fashion resulted in the agency being out of compliance with state regulations which could impact the agency’s licensing. “Most importantly is that your negligence is putting children at risk.” Arbitration Award p. 5. McKenzie was suspended for three days for his repeated inability to keep his records up to required standards.

Six months later, on July 25, 1997, McKenzie’s supervisor issued to him a memorandum identifying eleven files lacking dictation. McKenzie was put on notice that non-current files were to be brought into compliance “immediately.” McKenzie’s August 1997 performance evaluation, however, was “middle good” and noted personal difficulties experienced by [352]*352McKenzie over the year which included a divorce and a custody and support dispute. Arbitration Award pp. 5-6.

Thereafter, on August 16, 1997, McKenzie was involved in an incident with his 13-year-old son and his son’s mother. Specifically, charges of harassment were filed against McKenzie at the request of the son’s mother. The incident was publicized in the local newspaper which reported that McKenzie was charged with striking his son with his hands and leaving red marks on his son’s arms and neck. The report proved to be an embarrassment to CYS. As a result of this incident, the administrator suspended McKenzie with pay for ten days pending an investigation into the incident. On September 2, 1997, the administrator gave written notice to McKenzie that his suspension was converted into a written warning.2 Arbitration Award pp. 6-7.

In the interim, while McKenzie was on suspension, a serious incident arose on August 27, 1997, concerning a child and family for whom McKenzie was the caseworker. Specifically, a caseworker who was on call for emergencies and who was required to address the matter, found no dictation in the file since December 1996 and no court order on the case. A search of McKenzie’s desk revealed a file that contained the order of the court but no recent records of CYS’s involvement with the family. The next day at an emergency court hearing, CYS was not fully prepared due to the incomplete file. Arbitration Award p. 7. Again on September 9,1997, after McKenzie had returned to his position, he mishandled a call from a local borough secretary regarding a problem with a mother and child. In this incident, McKenzie referred the caller to the mental health department in two separate telephone conversations. This direction was erroneous and a CYS intake supervisor ultimately handled the matter and made appropriate arrangements for the family. Arbitration Award pp. 7-8.

[353]*353Thereafter, on October 15, 1997, McKenzie underwent knee surgery and was absent from work for a number of days during the month of October, exhausting his vacation and sick leave. Prior to his surgery, on October 1, 1997, McKenzie’s supervisor became aware that McKenzie was “more deficient” and recommended that McKenzie be terminated. On November 21, 1997, the administrator suspended McKenzie without pay pending a pre-termination hearing. Arbitration Award p. 8. Based upon findings made at the hearing, McKenzie’s suspension was converted to a discharge.

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Bluebook (online)
852 A.2d 299, 578 Pa. 347, 2004 Pa. LEXIS 1407, 175 L.R.R.M. (BNA) 2595, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greene-county-v-district-2-united-mine-workers-pa-2004.