Juniata-Mifflin Counties Area Vocational-Technical School v. Corbin

691 A.2d 924, 547 Pa. 495, 1997 Pa. LEXIS 589, 155 L.R.R.M. (BNA) 2108
CourtSupreme Court of Pennsylvania
DecidedMarch 26, 1997
Docket87 Middle District Appeal Docket 1995
StatusPublished
Cited by8 cases

This text of 691 A.2d 924 (Juniata-Mifflin Counties Area Vocational-Technical School v. Corbin) 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
Juniata-Mifflin Counties Area Vocational-Technical School v. Corbin, 691 A.2d 924, 547 Pa. 495, 1997 Pa. LEXIS 589, 155 L.R.R.M. (BNA) 2108 (Pa. 1997).

Opinions

OPINION

ZAPPALA, Justice.

We must determine whether the common pleas court erred in vacating an arbitration award on the ground that the grievance was not subject to arbitration. Because we find that the job security provisions of the Public School Code (Code), 24 P.S. §§ 1122-1123, are incorporated by reference into the collective bargaining agreement (Agreement), the arbitration award derived its essence from the Agreement. Thus, the grievance filed by Appellant is arbitrable and the Commonwealth Court erred in affirming the decision of the lower court.

Appellant, Robert W. Corbin, has been employed as an auto mechanic instructor by Appellee, the Juniata-Mifflin Counties Area Vocational-Technical School (School) since 1974 and is a tenured professional employee. He was given two unsatisfactory ratings by the School’s Executive Director, Carolyn F. Foust, and .its Chief School Administrator, Dr. Robert G. [497]*497Bohn. The ratings were given on June 9, 1992, and February 19, 1993. By letter of March 3, 1993, Appellant was notified that the Board of School Directors had voted to charge him with incompetency and persistent negligence pursuant to § 11-1122 of the Code.1 Appellant was thereafter suspended with pay.

The Association of Mifflin County Educators (Association) filed a grievance on behalf of Appellant, contending that the proposed dismissal pursuant to the Code violated the Agreement’s statutory savings clause, the provisions of Article VII dealing with professional compensation, and any actual or implied just cause provision. The Association notified the School by letter of March 9, 1993, that Appellant was electing his remedy pursuant to § 11-1133 of the Code2 to proceed with grievance arbitration, rather than a hearing before the School Board. Although the School challenged the arbitrability of the grievance, the matter was eventually submitted to arbitration.3

The arbitrator, Elliot Newman, found that the statutory savings clause as set forth in Article XIV(A) of the Agreement incorporated the provisions of the Code relating to dismissals. That article provides as follows:

XIV. RIGHTS OF PROFESSIONAL EMPLOYEES
A. Statutory Savings Clause
[498]*498Nothing contained herein shall be construed to deny any professional employee such rights as he/she may have under the Public School Code, or the Public Employees Relations Act 195, or other applicable state laws.

As further evidence that the parties intended the Agreement to apply to job security issues, the arbitrator referred to the prior case of Donald Hirakis, in which the Association and the School did not dispute the arbitrability of a grievance involving a demotion.4 The arbitrator held that Appellant’s grievance was cognizable under Article 11(A) of the Agreement, which defines the term “grievance.”5 He concluded that because the statutory savings clause incorporated the Code into the Agreement, Appellant had the right to challenge the School’s application of § 11-1122 of the Code through the grievance procedure.

Having determined that the matter was properly before him, the arbitrator sustained Appellant’s grievance on the merits. He relied on § 11-1123 of the Code, which explains the rating system used in determining whether a professional employee shall be dismissed for incompetency. Because the School did not follow proper procedure regarding the second unsatisfactory rating given on February 19, 1993, the arbitrator concluded that the School failed to establish that Appellant was incompetent or persistently negligent under the Code.

Without addressing the merits of the grievance, the trial court vacated the arbitration award on the basis that the arbitrator did not possess jurisdiction. The court held that because the statutory savings clause did not contain job security provisions, it did not incorporate into the Agreement the dismissal provisions of the Code. It held that the savings clause merely provided that the Agreement did not deny any rights under the Code. The court concluded that had the [499]*499parties intended to incorporate the dismissal provisions of the Code, they could have expressly done so.

The Commonwealth Court affirmed. It held that because the language in the savings clause was insufficient to incorporate the Code and the Agreement was silent as to the dismissal of professional employees, a grievance was not established. It also found that the Hirakis decision, in which the School did not dispute that the issue of demotion was arbitrable, was not evidence of past practice since it was merely a single instance. The court further relied on Article XIX of the Agreement which provides that management prerogatives are not subject to arbitration. Judge Doyle dissented without opinion.

As noted, we granted allocatur to determine whether the subject matter of Appellant’s grievance was arbitrable. In Community College of Beaver County v. Community College of Beaver County, Society of the Faculty (PSEA/NEA), 473 Pa. 576, 375 A.2d 1267 (1977), our Court adopted the “essence test” as the appropriate standard of review of labor arbitration awards. Drawing its origins from federal decisional law, the essence test was first set forth in United Steelworkers of America v. Enterprise Wheel and Car Corp., 363 U.S. 593, 80 S.Ct. 1358, 4 L.Ed.2d 1424 (1960). The United States Supreme Court there stated that

[t]he essence test requires a determination as to whether the terms of the agreement encompass the subject matter of the dispute. Where it is determined that the subject matter of the dispute is encompassed within the terms of the agreement, the validity of the arbitrator’s interpretation is not a matter of concern to the court.

Id. at 599, 80 S.Ct. at 1362, 4 L.Ed.2d at 1429 (footnote omitted). The rationale behind the test is that the parties bargained for the arbitrator’s construction of their collective bargaining agreement and, if the arbitrator’s decision concerns the construction of the contract, the court has no business overruling the decision merely because it interprets the contract differently. Leechburg Area School District v. Dale, 492 Pa. 515, 520-521, 424 A.2d 1309, 1312-1313 (1981).

[500]*500The Association contends that the lower courts ignored this narrow standard of review and substituted their interpretation of the Agreement for that of the arbitrator. It concedes that the savings clause does not on its face incorporate the job security provisions of the Code, but submits that the language in the clause providing that, “nothing contained herein shall be construed to deny any professional employee such rights as he/she may have under the Public School Code ...” can reasonably be interpreted as incorporating those rights granted by the Code.

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Juniata-Mifflin Counties Area Vocational-Technical School v. Corbin
691 A.2d 924 (Supreme Court of Pennsylvania, 1997)

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Bluebook (online)
691 A.2d 924, 547 Pa. 495, 1997 Pa. LEXIS 589, 155 L.R.R.M. (BNA) 2108, Counsel Stack Legal Research, https://law.counselstack.com/opinion/juniata-mifflin-counties-area-vocational-technical-school-v-corbin-pa-1997.