McKeesport Area School District v. McKeesport Area Education Ass'n

424 A.2d 979, 56 Pa. Commw. 224, 1981 Pa. Commw. LEXIS 1079
CourtCommonwealth Court of Pennsylvania
DecidedJanuary 21, 1981
DocketAppeal, No. 2613 C.D. 1979
StatusPublished
Cited by11 cases

This text of 424 A.2d 979 (McKeesport Area School District v. McKeesport Area Education Ass'n) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McKeesport Area School District v. McKeesport Area Education Ass'n, 424 A.2d 979, 56 Pa. Commw. 224, 1981 Pa. Commw. LEXIS 1079 (Pa. Ct. App. 1981).

Opinion

OuiNioN by

Judge Palladino,

The McKeesport Area School District (District) appeals from an order of the Court of Common Pleas of Allegheny County affirming an arbitrator’s award on behalf of the McKeesport Area Education Association (Association). We affirm.

As a result of a failure to enter into a new collective bargaining agreement for the 1976-77 school year, the Association, which acts as collective bargaining agent for the District’s teachers called for a general strike to commence on January 3, 1977 at the close of [226]*226the Christmas vacation.1 The strike took place as scheduled and lasted through January 30, 1977, a period of 19 school days. A new collective bargaining agreement was ratified by both parties, on January 30,1977 and the teachers were to resume work on January 31, 1977. Unfortunately, inclement weather coupled with the severe energy shortage of 1977 prevented the teachers from returning to work from January 31, 1977 through February 4, 1977 because the District’s schools were closed as a result of the weather emergency.

Classes resumed on February 7, 1977 and continued normally throughout the remainder of the school year with the District rescheduling as many of the missed days as possible without violating Section 401 of the Public School Code of 19492 by extending classes beyond June 30. Consequently, a total of 164 class days and one teacher in-service day were held in 1976-77. Reasoning that the new collective bargaining agreement called for 185 days, the District deducted 20 days of pay from the teachers’ salaries. A grievance protesting the District’s failure to pay the teachers for days lost because of the energy crisis was submitted to arbitration and decided in favor of the Association. This award was affirmed by the lower court, and the instant appeal followed.

The arbitrator found (1) that the appropriate base figure for calculating the deduction was 181 days rather than the 185 used by the District; (2) that the extra four days between 181 and 185 were intended by the District to be utilized as teacher in-service days; [227]*227(3) that the scheduling* of in-service days was optional with the District and therefore the teachers should he paid for the three in-service days which, though not actually held, could have been scheduled by the District on weekends; and (4) that the teachers were entitled because of the Weather Eeinergeney Act of 19773 to be paid for the five days during the week of January 31 to February 4, 1977 when the schools were closed because of the.energy crisis. The arbitrator’s findings, in effect, awarded the teachers eight days’ pay, thereby reducing the District’s original pay deduction from 20 to 12 days.

On appeal to this Court the District concedes that the five days awarded because of the Weather Emergency Act of 1977 is proper. Thus the only issue left for our consideration is the propriety of the award of pay for three in-service days which were never scheduled.

The District argues first that the in-service days were not at issue before the arbitrator and that by deciding this issue the arbitrator violated Section 11(b) [228]*228of the Act of April 25, 1927, P.L. 381, as amended, 5 P.S. §171 (b) (Arbitration Act of 1927) which requires judicial modification of an award “[w]here the arbitrators have awarded npon a matter not submitted to them, unless it is a matter not affecting the merits of the decision upon the matters submitted.” The District further argues that even if the arbitrator had jurisdiction to decide the in-service days issue, the subsequent award based on a stated number of in-service days did not have a rational basis in the collective bargaining agreement.

This Court’s scope of review of an arbitrator’s award under Section 11 of the Arbitration Act of 1927 is limited to a determination of whether the award is rationally derived from the collective bargaining agreement. Trinity Area School District v. Trinity Area Education Association, 49 Pa. Commonwealth Ct. 379, 412 A.2d 167 (1980). In making this determination it is incumbent upon the Court to refrain from interfering with the arbitrator’s interpretation and. resolution of the factual issues and to confine its review to whether the award “draws its essence from the collective bargaining agreement.” Community College of Beaver County v. Community College of Beaver County, Society of the Faculty (PSEA/NEA), 473 Pa. 576, 586, 375 A.2d 1267, 1272 (1977) (quoting United Steelworkers v. Enterprise Wheel and Car Corp., 363 U.S. 593, 597 (1960)). It is thus well settled that “an arbitrator’s interpretation of a labor agreement must be upheld if it 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.” Commonwealth v. Joint Bargaining Committee of Pennsylvania Employment Security Employes Association, 35 Pa. Commonwealth Ct. 347, 350, 386 A.2d 1050, 1052 (1978) (quoting Ludwig Honold Mfg. Co. v. Fletcher, 405 F.2d 1123, 1128 (3d [229]*229Cir. 1969)). Thus, it must be decided whether the arbitrator acted reasonably in considering the in-service days issue and if so, whether his award was reasonably derived from the collective bargaining agreement.

The Association argues, and we agree, that the in-service days were properly in issue because the arbitrator was in effect deciding whether the District violated the collective bargaining agreement by docking the teachers 20 days of pay. In so doing the arbitrator had to consider all potential working days a teacher could be required to complete. In-service days are routinely a part of the teachers’ school year and the arbitrator did not exceed his jurisdiction in considering whether any teacher in-service days were included among the 20 days docked by the District. In order to decide how many days the teachers were entitled to because of the Weather Emergency Act of 1977, the arbitrator had to determine exactly how the District arrived at its 20 day deduction figure. Strike days, inclement weather days, and in-service days may all have been included in the District’s calculation. The fact that the Association did not specifically mention in-service days in its grievance letter should not restrict the arbitrator in his resolution of the problem. An arbitrator must be given a certain amount of flexibility to reach an. amicable solution and should not be limited in his problem solving to the exact language of the grievance.

The District also maintains that the arbitrator’s award of three in-service days was not rationally derived from the collective bargaining agreement. The pertinent clause of the agreement considered by the arbitrator in reaching his award reads as follows:

ARTICLE Y B — TEACHER WORK YEAR

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Bluebook (online)
424 A.2d 979, 56 Pa. Commw. 224, 1981 Pa. Commw. LEXIS 1079, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mckeesport-area-school-district-v-mckeesport-area-education-assn-pacommwct-1981.