Luzerne Intermediate Unit No. 18 v. Luzerne Intermediate Unit Education Ass'n

20 Pa. D. & C.5th 256, 2010 Pa. Dist. & Cnty. Dec. LEXIS 671
CourtPennsylvania Court of Common Pleas, Luzerne County
DecidedDecember 29, 2010
Docketno. 10848 of 2010
StatusPublished

This text of 20 Pa. D. & C.5th 256 (Luzerne Intermediate Unit No. 18 v. Luzerne Intermediate Unit Education Ass'n) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Luzerne County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Luzerne Intermediate Unit No. 18 v. Luzerne Intermediate Unit Education Ass'n, 20 Pa. D. & C.5th 256, 2010 Pa. Dist. & Cnty. Dec. LEXIS 671 (Pa. Super. Ct. 2010).

Opinion

VAN JURA, J.,

Before this court is the petition of the Luzerne Intermediate Unit No. 18 (“LIU”), to vacate the award of the arbitrator, John M. [258]*258Skonier, Esquire, dated July 15, 2010, sustaining two grievances that were filed on behalf of two school nurses employed by the petitioner, Luzerne Intermediate Unit No. 18 (LIU), Kingston, Pa.

The facts, substantially as found by arbitrator, John M. Skonier, Esquire, are as follows: Grievants are employed by the LIU as school nurses. Ms. Donna Reino is the only school nurse assigned to work at the LIU’s Learning Center, a building facility for “at risk” students who do not function properly in normal school settings. Ms. Reino’s assigned student caseload is approximately 142 students. Ms. Geraldine Siracuse, is a nurse assigned to the Mattel Middle School, the REAL Academy, and Pittston Primary Center, and has an assigned student caseload of approximately 45 to 60 students. (Arbitration award, at 2-3, 7-8.)

Starting in October, 2008, the LIU instructed grievants, Reino and Siracuse, to “cover” the student caseloads of other nurses who were absent from work. Grievants, thus, were responsible for all of the needs of the other nurses’ caseloads. Further, because the other nurses worked at different buildings, grievants were required to leave their primarily assigned work locations and travel to other buildings. There is no dispute, finally, that when the grievants left their own work assignments to cover for the assignments or duties of absent nurses, the LIU never provided a substitute nurse to cover the grievants’ own student caseloads; nor did the LIU relieve the grievants of their own work assignments when the grievants left to tend to the other nurses’ caseloads. Thus, when the grievants [259]*259were away and tending to the absent nurses’ caseloads, no one else was covering the demands of grievants’ own caseloads, and the grievants remained simultaneously responsible for their own assigned caseloads and, at the same time, for the absent nurses’ caseloads. Grievants, in short, were “on call” for two work assignments: their own caseloads and the caseloads of the absent nurses. In this way, the grievants simultaneously performed their own duties and the duties of another employee. (Arbitration award, at 4-5, 7-8, 9-10.)

The two grievants had a system for monitoring and handling their own caseloads while they were away and tending to the other nurses’ caseloads. Grievants “kept in touch” with their regularly assigned locations and were available via cell phone and could be reached, immediately and at any time, if an emergency or other situation occurred with their own student caseloads, while they were off their assigned site and simultaneously tending to the absent nurses’ caseloads. When contacted under these circumstances, grievants were expected to handle the situation immediately and make nursing decisions. Grievants could not wait or “postpone” the matter until they had finished tending to the other absent nurses’ caseloads and had returned to their own regular work location. Instead, the grievants needed to make nursing decisions while they were away from their own regularly assigned work locations. Depending on the circumstances, grievants would either return immediately to their own work locations to tend to the situation, or they would contact the student’s parents, “911”, or the school district nurse. (Arbitration award, at 7-8, 9-10.)

[260]*260On the basis of these facts, arbitrator Skonier found that the grievants were entitled to compensatory time under the applicable collective bargaining agreement (CBA) between the petitioner, LIU, and the respondent, Luzerne Intermediate Unit Education Association PSEA/ NEA. Arbitrator Skonier noted that the language of the CBA (Article XVI Section J), awards compensatory time whenever an employee, “[i]n addition to performing their own duties/class assignments, is required to cover or teach a class or assume duties for a teacher who is absent.” (Arbitration award, at 9.) Arbitrator Skonier emphasized the fact that the grievants were never relieved of their own regularly assigned responsibilities and student caseloads when they were off their regularly assigned site and covering for the absent nurses; and that the grievants were “always able to be immediately contacted by whatever facility needed their service.” (Arbitration award, at 9-10.) Arbitrator Skonier concluded: “They [the grievants] were always responsible for their own students and, in addition, were responsible for the needs of the students of the absent nurses.” (Arbitration award, at 10.)

Arbitrator Skonier concluded:

“The heading for the language at issue is “absorbing other employee assignments.” The language reads, in per-tinent part, “[a]ny teacher, who in addition to performing their own duties/class assignments, is required to cover or teach a class or assume duties for a teacher who is absent...shall receive compensation time...” As previously stated, the parties agreed at the instant hearing that the language applies to all members [261]*261of the bargaining unit, not just teachers. It is unrebutted that both Grievants were told by their supervisors to provide coverage for the duties of an absent nurse. While it is obvious that they could not perform their own physical duties and those of the other nurse at the same time, they were always able to be immediately contacted by whatever facility needed their services and, more importantly, they were never relieved of their regularly assigned responsibilities. There were always responsible for their own students and, in addition, were responsible for the needs of the students of the absent nurses. As such, I find that they qualify for compensatory time for the time they spent per-forming the physical functions of the absent nurses for whom they were providing coverage.
As the LIU violated the collective bargaining agreement when it denied compensatory time to the Grievants, the grievance must be sustained...”

In reviewing the legal sufficiency of the arbitration award, the court turns initially to the precise contract language in question.

The applicable language of the CBA at issue states, in pertinent part:

Article XVI - PROFESSIONAL PERSONNEL PROVISIONS
J. Absorbing Other Employee Assignments
Any teacher, who in addition to performing their own duties/class assignments, is required to cover or teach [262]*262a class or assume duties for a teacher who is absent and when it is not possible, practical or feasible to provide a substitute teacher, shall receive compensation time, which when accumulated, will be taken in one-half (1/2) day or one (1) day(s) block(s) of time. The administration staff shall secure and maintain a list of volunteers who desire to assume this responsibility. However, in the event there are no volunteers available for covering the aforementioned assignments, the administrative staff shall then assign personnel to this responsibility. Every effort shall be made to rotate assigned personnel to this responsibility.

At the hearing, the parties stipulated that although the contract provision at issue references “teachers,” the provision is applicable to all members of the bargaining unit and thus, applies to the nurse grievants.

In Westmoreland Intermediate Unit #7 v.

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20 Pa. D. & C.5th 256, 2010 Pa. Dist. & Cnty. Dec. LEXIS 671, Counsel Stack Legal Research, https://law.counselstack.com/opinion/luzerne-intermediate-unit-no-18-v-luzerne-intermediate-unit-education-pactcomplluzern-2010.