International Brotherhood of Firemen & Oilers, AFL-CIO Local 1201 v. School District

350 A.2d 804, 465 Pa. 356, 1976 Pa. LEXIS 420, 91 L.R.R.M. (BNA) 2710
CourtSupreme Court of Pennsylvania
DecidedJanuary 29, 1976
DocketNo. 614
StatusPublished
Cited by34 cases

This text of 350 A.2d 804 (International Brotherhood of Firemen & Oilers, AFL-CIO Local 1201 v. School District) 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
International Brotherhood of Firemen & Oilers, AFL-CIO Local 1201 v. School District, 350 A.2d 804, 465 Pa. 356, 1976 Pa. LEXIS 420, 91 L.R.R.M. (BNA) 2710 (Pa. 1976).

Opinion

OPINION OF THE COURT

POMEROY, Justice.

This appeal stems from a labor dispute between the School District of Philadelphia [hereinafter the School [358]*358District], the appellee, and the International Brotherhood of Firemen and Oilers, AFL-CIO, Local 1201 [hereinafter the Union], the collective bargaining representative of maintenance and operations employees of the School District. The parties having failed to resolve their dispute by means of ordinary grievance procedures, the Union demanded arbitration pursuant to the terms of the collective bargaining agreement between the parties.1

[359]*359Arbitration proceedings were conducted in due course and an award made which in part favored the Union and in part the School District. Being dissatisfied with the arbitrator’s decision, the Union filed a complaint in equity seeking to have the decision vacated and a new hearing ordered. The School District responded with preliminary objections in the nature of a demurrer. Apparently treating the complaint as a petition to vacate or modify the arbitration decision,2 the court of common pleas determined that the Union’s claim was without merit and dismissed the “complaint”. This appeal followed.3

The facts giving rise to the dispute between the parties were in large measure contained in a stipulation ar[360]*360rived at prior to the hearing before the arbitrator, as follows:

“On August 31 [1972], there was discussion between Administration personnel and Union leadership as to the possibility of a strike by the Philadelphia Federation of Teachers. The Union was told that the School District intended to try to maintain school operation if there was a strike. The Union, was asked what its position would be on crossing picket lines if the Teachers struck. Neither then nor later did the Union (that is, Local 1201) make any commitment as to this aspect, one way or the other. (However, the attendance of Local 1201 members during the first two days of the strike was normal.)
“On September 2, the School Superintendent issued a press release that bargaining with the Teachers (that is, the Philadelphia Federation) would continue, but that if an impasse resulted in an effective strike the system would be shut down, which would occur if an inadequate number of teachers were on hand.
“On September 5, the Teachers struck. But only 998 of a total of about 13,000 teachers came to work that day, and the Superintendent the same day issued a release that if teachers attendance did not improve on September 6, the schools would close on September 7. (Teacher attendance did not improve, and the Superintendent announced the closing “for the duration of the strike.”)
“On September 6, the Administration told the Union that all Union (Local 1201) employees, except the Building Inspectors, would be furloughed for the strike duration.
“Certain members of the Union, in addition to the Building Inspectors (the latter were needed for the maintenance of the District’s building program and their work was performed off school sites) worked during the strike: They consisted of 7 or 8 persons [361]*361employed in the Duplicating Room in the Administration Building who reported to work on September 7 because they had not been informed of the furlough, but they were told not to report for the rest of the strike, and they followed that direction. As to the Building Inspectors, it is the position of the School District that the building program was vital to the school system and could not be discontinued during the strike without incurring great hardship and financial loss to the School District.
“The strike ended, effective September 28, an Understanding having been reached between the Administration and the Teachers. The employees represented by Local 1201 returned to work on that day.”

At the arbitration hearing the following additional facts were agreed upon by the parties:

“Certain work that was required to maintain health, safety, and security, normally performed by Local 1201 members, was performed by supervisors during the Teacher strike. Also, the Globe Security Company was hired by the School District to perform the duties of the watchmen, members of Local 1201, who were on furlough during the strike.
“The holidays shown on the tentative calendar in evidence were in fact granted as administrative holidays. “Certain programs, such as the Get Set Day Care, Child Care Centers, the Head Start Program, and the Comprehensive Day Care Program, were kept open during the strike, some of which work would normally have been done by Local 1201 members; during the strike, however, they were done by others or were left unperformed.
“In effecting the furlough the School District did not follow the provisions of Article XIII, sections 6, 7, and 11. (As earlier indicated, it is the contention of the School District that this Article is irrelevant here.)”

[362]*362It was the Union’s contention before the arbitrator that the School District had violated the collective bargaining agreement between the parties in three respects. First, it was argued that the closing of the schools declared by the School District during the teacher’s strike constituted a revision in the calendar which had adopted for the school year and was therefore in violation of Article I, Section 1, and Article IX, Section 2, of the contract.4 Second, the Union claimed that the furloughing of employees for the duration of the strike was subject to the provisions of Article XIII, Sections 6, 7, and 11 of the contract, and thus that the Board violated the contract by not following the procedures specified in these sections.5 Finally, it alleged that the School District violated the provisions of the agreement by employing non-members of the Union to perform work to which Union members were entitled.

[363]*363With respect to the last point, the arbitrator found that the School District had employed non-members of the Union to perform the jobs of Union members and directed that the parties ascertain the particulars of this violation. The School District has not challenged this portion of the decision. The arbitrator also found, however, that the Union’s first two allegations of violations of the agreement were without merit. It is these portions of the decision which are at issue in this appeal.

The threshold problem in this case, as in any case in which an arbitration decision is challenged, is to determine the standard of judicial review. In arbitration agreements under common law, unless the agreement provides otherwise, the arbitrator is the final judge of both fact and law; his decision will not be set aside “unless it is alleged and proven by clear, precise and convincing evidence that the parties were denied a hearing or that there was fraud, misconduct, corruption or some other irregularity of this nature on the part of the Arbitrator which caused him to render an unjust, inequitable or unconscionable finding.’’ Nationwide Mutual Insurance Co. v. Barbera, 443 Pa. 93, 95, 277 A.2d 821 (1971);

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Bluebook (online)
350 A.2d 804, 465 Pa. 356, 1976 Pa. LEXIS 420, 91 L.R.R.M. (BNA) 2710, Counsel Stack Legal Research, https://law.counselstack.com/opinion/international-brotherhood-of-firemen-oilers-afl-cio-local-1201-v-school-pa-1976.