Parkland School District v. Parkland Educational Personnel Support Ass'n

49 Pa. D. & C.4th 161, 2000 Pa. Dist. & Cnty. Dec. LEXIS 121
CourtPennsylvania Court of Common Pleas, Lehigh County
DecidedMarch 28, 2000
Docketno. 1998-C-0936
StatusPublished

This text of 49 Pa. D. & C.4th 161 (Parkland School District v. Parkland Educational Personnel Support Ass'n) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lehigh County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Parkland School District v. Parkland Educational Personnel Support Ass'n, 49 Pa. D. & C.4th 161, 2000 Pa. Dist. & Cnty. Dec. LEXIS 121 (Pa. Super. Ct. 2000).

Opinion

FORD, J.,

On December 28,1999, we entered an order granting a petition to review and vacate a labor arbitration award under the Pennsylvania Public Employee Relations Act, 43 P.S. §§1101.101-[163]*1631101.2301. We explain the reasons for our decision in this opinion.

We set forth the factual and procedural history which was submitted to us by the parties for the July 12, 1999 argument that we conducted on this petition. We believe that what is set forth below is not disputed by the parties.

The petitioner is the Parkland School District which is a third class school district located in Lehigh County, Pennsylvania. It is subject to the provisions of the Public School Code of 1949, as amended, 24 P.S. §§1-101— 27-2702.

The respondent is the Parkland Educational Personnel Support Association/ESPA/PSEA/NEA. It is an employee organization for the public employees of the district.

The district and the association are parties to a collective bargaining agreement which was effective July 1, 1995 through June 30, 1998. It is the interpretation of a provision of the agreement, article 18, which is at issue here. The relevant portion of article 18 reads:

“Article 18

“Position vacancies . ..

“Section 2. Full-time custodial, maintenance and six-hour cafeteria positions shall be posted for a period of five working days. The employee with the most district-wide seniority who applies shall be awarded the position, providing the person has received the highest rating in the interview for the position, as determined by the supervisor, with the employee’s right to file a grievance.”

Article 21 of the agreement provides for arbitration of grievances under section 903 of PERA, 43 P.S. §1101.903.

[164]*164We also set forth article 3 of the agreement:

“Article 3

“Management clause

“Section 1. It is understood and agreed by the parties hereto, unless otherwise provided in this agreement that the association recognizes the prerogatives of the district to operate and manage its affairs in all respects in accordance with its responsibilities and in accordance with its power and authority.

“Section 2. Statutory savings clause — Nothing contained herein shall be construed to deny or restrict to any employee such rights as he/she may have under the Public Employee Relations Act, Act 195, or the Local Agency Law.”

A notice, dated July 1, 1996, was posted by the district, with a job description, seeking applicants for a custodian “A” position. The notice was directed to all district employees.

In response to the notice, six district employees, who were association members, applied for the position. One individual, Gary Greenawalt, withdrew his name from consideration. The other five applicants were interviewed for the position by an interviewing committee of the district. The interviewing committee used a system whereby a higher score for a candidate in comparison to another represented a higher rating for that first candidate. The ratings assigned by the committee to the applicants were: Diane Weslosky-167, Raymond Sommerville-164, James Schick-161, Terry Messinger-119, and Ronald Leaser-52.

The applicant with the most seniority was Terry Messinger.

[165]*165After the interview process was completed, the district decided that none of the applicants was qualified for the position and all applicants were rejected. The applicants were duly advised of this by letter from the district. The notification letters were dated August 19, 1996.

On September 30,1996, the association filed a grievance alleging that the district’s rejection of the applicants violated article 18. The association classifies the grievance as a “group grievance” although the identity of the group is not specified. The grievance was denied by the district. The association requested arbitration on December 19, 1996.

The arbitration was held on March 16, 1998 before Patrick McFadden, arbitrator. In the arbitration, Diane Weslosky, the person with the highest interview score but lower seniority than others, was identified as the grievant. The arbitrator entered an award on March 24, 1998. The arbitrator sustained the grievance and directed the district to offer the next available custodian “A” position to the grievant. An opinion dated March 24,1998 accompanied the decision granting the grievance.

On April 23, 1998, the district filed its “petition for review and application to vacate arbitrator’s award” with this court.

An argument was held on the petition on July 12,1999. The matter was fully briefed by the parties.

On December 28, 1999, we entered our order granting the petition and vacating the award of the arbitrator. We indicated in the order that the district “is at liberty to fill the position of custodian ‘A’ according to its normal, mandated procedures in accord with the collective bargaining agreement of 1995-1998.”

[166]*166The association filed its notice of appeal to the Commonwealth Court of Pennsylvania on January 6, 2000.

This matter was submitted to us on the record which was developed before the labor arbitrator. We did not supplement that record in making our review.

The standard for our review of the labor arbitration award was recently set forth by the Pennsylvania Supreme Court in State System of Higher Education (Cheyney University) v. State College University Professional Association (PSEA-NEA), 560 Pa. 135, 743 A.2d 405 (1999).

In State System of Higher Education, the Supreme Court made an exhaustive review of prior decisions on the role of a reviewing court on a challenge to a labor arbitration award. The Supreme Court then set forth a uniform standard to eliminate irregularity among the courts of the Commonwealth based on differing interpretations of decisions prior to State System of Higher Education. We now engage in the review process mandated by the Supreme Court.

First, we are obligated to render great deference to the arbitrator’s decision in light of the many benefits that arbitration provides the parties to a collective bargaining agreement. We have given that deference and we have looked for any reasonable interpretation of the contract language to support the decision of the arbitrator.

We next considered whether an exception exists in this case to the deference or finality which is normally accorded to the arbitrator. It is our conclusion that the exception, which is meant to apply in a small minority of cases, exists here. We reach this conclusion after the two-pronged analysis described in State System of Higher Education.

[167]*167First, we must determine whether the issue of this employment position is properly defined within the terms of the collective bargaining agreement. It is. Article 18 specifically addresses custodial positions. In other words, the issue of whether the district properly addressed the filling of a custodial position was properly before the arbitrator.

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49 Pa. D. & C.4th 161, 2000 Pa. Dist. & Cnty. Dec. LEXIS 121, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parkland-school-district-v-parkland-educational-personnel-support-assn-pactcompllehigh-2000.