Kapil v. Association of Pennsylvania State College & University Faculties

470 A.2d 482, 504 Pa. 92, 1983 Pa. LEXIS 785
CourtSupreme Court of Pennsylvania
DecidedDecember 30, 1983
Docket76 E.D. Appeal Docket 1982
StatusPublished
Cited by78 cases

This text of 470 A.2d 482 (Kapil v. Association of Pennsylvania State College & University Faculties) 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
Kapil v. Association of Pennsylvania State College & University Faculties, 470 A.2d 482, 504 Pa. 92, 1983 Pa. LEXIS 785 (Pa. 1983).

Opinions

[95]*95OPINION

NIX, Justice.

Appellant, Prakash C. Kapil, was hired by Bloomsburg State College (Bloomsburg) in 1967 and became a tenured faculty member in 1972. He became eligible for a sabbatical leave in 1974 and each year since 1974 has applied for sabbatical to complete work on his doctorial degree so that he would be eligible for a promotion. Mr. Kapil has consistently been denied sabbatical leave since 1974 and alleges the reason for this denial is discriminatory based on his national origin.

In July, 1979 appellant filed a grievance with his collective bargaining representative, the Association of Pennsylvania State College and University Faculties (APSCUF). APSCUF is the certified, exclusive collective bargaining agent for the employee unit of which Kapil is a member, the professional employees of the state college system, although Kapil is not a member of APSCUF itself. The grievance was filed pursuant to the collective bargaining agreement in effect between APSCUF and Bloomsburg State College. APSCUF refused to process this complaint and refused to take the matter to arbitration.1

Appellant filed a complaint in equity consisting of two counts in the Commonwealth Court, 68 Pa.Cmwlth. 287, 448 A.2d 717. Appellees filed preliminary objections2 which were sustained and as to the governmental defendants, the Department of Education (Department) and the trustees of Bloomsburg, the complaint was dismissed. As to the re[96]*96maining defendants, the matter was transferred to the Court of Common Pleas of Columbia County.

In Count I appellant avers that Bloomsburg’s denial of sabbatical leave was arbitrary and discriminatory. He contends that APSCUF and its agents breached its duty of fair representation and that the trustees of Bloomsburg State College and its president as well as the Pennsylvania Department of Education participated in this breach of duty. He asserts the “trustees of Bloomsburg State College, McCormick and Department participated in APSCUF’s breach of its duty of fair representation in that they encouraged, permitted and condoned APSCUF’s discriminatory refusal to process plaintiff’s grievance to binding arbitration”. He further alleges that APSCUF and the Department conspired to violate his constitutional rights by agreeing to deprive him of his right to fair representation. He claims that these acts violated his equal protection and due process rights under the Fourteenth Amendment to the U.S. Constitution and were remedial under the provisions of 42 U.S.C.A. sections 19833 and 19854.

Appellant is asking for compensatory damages in excess of $20,000; punitive damages in excess of $10,000; plaintiff costs and reasonable attorney’s fees as against all parties.

[97]*97In Count II he averred the refusal to grant him a sabbatical was a breach of Article III5 of the collective bargaining agreement by the College, its President and the Department of Education. He further averred the refusal of APSCUF and its agents to process his grievance was also a breach of Article III of the collective bargaining agreement. He prayed for specific performance of the collective bargaining agreement including granting of his request for sabbatical leave and consequential damages in excess of $20,000.

I.

We will first address the propriety of the Commonwealth court’s order as it relates to Count I of the complaint. The [98]*98Commonwealth Court dismissed the complaint against the Department and Bloomsburg on the basis of sovereign immunity. In Mayle v. Pennsylvania Department of Highways, 479 Pa. 384, 388 A.2d 709 (1978) the doctrine of sovereign immunity was abrogated. However, the General Assembly enacted Act 152 which reinstated the doctrine of sovereign immunity in September 1978 setting forth eight specific instances in which suits against the Commonwealth could be maintained.6 The cause of action set forth under Count I would not fall within any of those eight categories. Thus, it would have been barred if the immunity of Act 152 applied.

This Court subsequently ruled Act 152 may not constitutionally govern actions which became actionable prior to the effective date of the Act.7 Brungard, v. Mansfield State College, 491 Pa. 114, 419 A.2d 1171 (1980); Gibson v. Commonwealth, 490 Pa. 156, 415 A.2d 80 (1980). Therefore, we must determine when appellants’ alleged 1983 and 1985 claims accrued.

Appellees contend that appellants’ cause of action arose on June 27, 1979 after the effective date of Act 152. He [99]*99therefore asserts that Act 152 operated as a bar to a suit on this claim.8

The true test in determining when a cause of action arises or accrues is to establish the time when the plaintiff could have first maintained the action to a successful conclusion. 51 Am.Jur.2d, Limitation of Actions § 107 (1970).

Under the collective bargaining agreement appellant contends he became eligible for sabbatical leave in 1974. He has applied for a sabbatical each year since then which has been denied.9 Therefore his cause of action accrued prior to the passage of the Act and sovereign immunity is not a bar. Therefore, the Commonwealth Court’s dismissal of the count as to the state agencies was improper.10

II.

The subject matter of Count II of appellant’s complaint involves a labor dispute. Appellant avers that his employers and APSCUF breached his rights under the collective bargaining agreement. Such a dispute falls clearly within the public policy of the Public Employee Relations Act (PERA), Act of July 23, 1970, P.L. 563, No. 195, 43 Pa.C. S.A. § 1101.101, et seq.

The public policy of PERA has been expressed in pertinent part as follows:

The General Assembly of the Commonwealth of Pennsylvania declares that it is the public policy of this Commonwealth and the purpose of this act to promote orderly and constructive relationships between all public employers and their employes subject, however, to the paramount right of the citizens of this Commonwealth to keep [100]*100inviolate the guarantees for their health, safety and welfare. Unresolved disputes between the public employer and its employes are injurious to the public and the General Assembly is therefore aware that adequate means must be established for minimizing them and providing for their resolution. Within the limitations imposed upon the governmental processes by these rights of the public at large and recognizing that harmonious relationships are required between the public employer and its employes, the General Assembly has determined that the overall policy may best be accomplished by ...

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Bluebook (online)
470 A.2d 482, 504 Pa. 92, 1983 Pa. LEXIS 785, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kapil-v-association-of-pennsylvania-state-college-university-faculties-pa-1983.