Harborcreek School District v. Harborcreek Education Ass'n

26 Pa. D. & C.3d 588, 1980 Pa. Dist. & Cnty. Dec. LEXIS 25
CourtPennsylvania Court of Common Pleas, Erie County
DecidedOctober 29, 1980
Docketno. 8392 A 1980
StatusPublished

This text of 26 Pa. D. & C.3d 588 (Harborcreek School District v. Harborcreek Education Ass'n) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Erie County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harborcreek School District v. Harborcreek Education Ass'n, 26 Pa. D. & C.3d 588, 1980 Pa. Dist. & Cnty. Dec. LEXIS 25 (Pa. Super. Ct. 1980).

Opinion

CARNEY, P.J.,

This is a petition for review of an arbitrator’s award in a dispute between a governmental agency, Harborcreek School District (hereinafter district) and the bargaining representative of the employees of the agency. Our jurisdiction exists pursuant to Section 933(b) of the Judicial Code, 42 Pa.C.S.A. §933(b).

The arbitrator’s award of June 11, 1980 upheld the grievance of Paul M. Foust and directed the district to advance Mr. Foust on the salary scale and reimburse him for his salary loss from September 7, 1978. The evidence before the arbitrator established that Mr. Foust, a social studies teacher, has been a professional employee of the district since 1958. From 1950 until 1954 he served in the armed forces of the United States. In 1978, Mr. Foust completed the purchase of additional years of credit from the Pennsylvania Public School Employee’s Retirement Board, in order to receive retirement credit for his military service.1 By letter of August 7, 1978, Mr. Foust requested the district to advance him to step 25 of the salary scale in consideration of purchasing 4.08 years of military service from the Retirement Board. The district denied the request resulting in the grievance producing this arbitration award.

[590]*590Additional evidence before the arbitrator established that other teachers who had purchased additional years of retirement credit based on military service were advanced a corresponding number of steps on the salary scale. One teacher was advanced one and one half steps in 1971 for purchasing 1.7 years of retirement credit. Another was advanced 2 steps in 1971 for purchasing 1.89 years of retirement credit. A third teacher with 22 years of service was advanced five steps in 1971 after purchasing 3.2 years of credit. A fourth employee with 23 years of teaching was advanced two steps on the salary scale after purchasing 3.11 years of credit. The testimony established that Mr. Fourst was aware of these instances when he purchased his years of retirement credit.

On these previous occasions when teachers were advanced on the salary scale after purchasing years of retirement credit, the then superintendent made the step advancement in preparing the teacher’s individual contract. This contract was then executed by the President of the District Board of Directors and witnessed by the superintendent. Subsequently the board in reliance upon these signatures approved the yearly contracts en masse.

Although the record before the arbitrator is not absolutely clear, it appears that only one of the instances of step-advancement occurred prior to Harborcreek Education Association (hereinafter Association) being recognized as the exclusive bargaining representative for the district’s teachers on December 9, 1970. Thereafter, each and every labor contract entered between the district and Association, including the 1978-79 agreement applicable to this controversy, contained a general past practices clause in Article XXII. In relevant part Article XXII provides:

[591]*591“A. Except as this agreement shall otherwise provide, all terms and conditions of employment applicable on the signing date of this agreement as established by the rules, regulations and/or policies of the Board in force on said date, shall continue to be so applicable during the term of this agreement. Unless otherwise provided in the agreement, nothing herein shall be interpreted and/or applied so as to eliminate, reduce nor otherwise detract from any teacher benefit existing prior to its effective date.
“B. All conditions of employment, teaching hours, extra compensation for duties outside regular teaching hours, relief period, leaves and general teaching conditions shall be maintained at not less than the highest minimum standards in effect at the time this agreement is signed, provided that such conditions shall be improved for the benefit of teachers as required by the express provisions of this agreement. This agreement shall not be interpreted or applied to deprive teachers of professional advantages heretofore enjoyed unless expressly stated therein . . .
“D. Any individual contract between the Board and an individual teacher heretofore or hereafter executed shall be subject to and consistent with the terms and conditions of this agreement. If an individual contract contains any language inconsistent with this agreement, this agreement, during its duration, shall be controlling.”

The arbitrator expressly relied upon paragraphs A and B of Article XXII in upholding the grievance. The arbitrator concluded that the Board by approving four previous salary step advancements corresponding to the purchase of years of retirement credit, established this practice as a condition [592]*592of employment. In reviewing this conclusion our powers are extremely limited.

“To state the matter more precisely, where a task of an arbitrator, pera or otherwise, has been to determine the intention of the contracting parties as evidenced by their collective bargaining agreement and the circumstances surrounding its execution, then the arbitrator’s award is based on a resolution of a question of fact and is to be respected by the judiciary if ‘the interpretation 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). It was this approach which was meant to be suggested by the brief statement in International Brotherhood of Fireman and Oilers, Quoted supra, that ‘the arbitrator’s interpretation of the contract must be upheld if it is a reasonable one.’ 465 Pa. at 366, 350 A. 2d at 809.”2

Community College of Beaver County v. Society of the Faculty, 473 Pa. 576, 593-94, 375 A. 2d 1267, 1275 (1977). Applying this narrow standard, we cannot say that the arbitrator erred or that his con[593]*593elusion is not rationally derived from the collective bargaining agreement.

The district argues that denying Mr. Foust step advancement was not a violation of Article XXII, paragraph A because the grievant was not denied a benefit under the contract. Further, the district argues that paragraph D quoted above requires that individual contracts be consistent with the collective bargaining agreement and that those previous contracts reflecting step advancement were inconsistent with the agreement. These arguments, however, beg the central question presented by this case, namely whether step advancement was a condition of employment under Article XXII of the agreement.

This court has recently considered the relevance of past practice evidence in interpreting collective bargaining agreements. See, Northwest TriCounty Intermediate Unit No. 5 v. Northwest TriCounty Intermediate Unit No. 5 Education Association, No. 7830-A-1980, opinion filed October 3, 1980. Quoting from Northwest, we there stated:

“A leading commentator and our supreme court (in County of Allegheny vs. Alleg. County Prison Employeees I.U., 476 Pa. 27, 381 A. 2d 1849 (1977)) have recognized that this evidence can be used (1) to clarify ambiguous contract language; (2) to implement general contract language; (3) to modify or amend apparently unambiguous language; (4) to create a separate enforceable condition of employment.

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Bluebook (online)
26 Pa. D. & C.3d 588, 1980 Pa. Dist. & Cnty. Dec. LEXIS 25, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harborcreek-school-district-v-harborcreek-education-assn-pactcomplerie-1980.