Pennsylvania State Police v. Pennsylvania State Troopers' Ass'n

633 A.2d 1330, 159 Pa. Commw. 592, 145 L.R.R.M. (BNA) 2441, 1993 Pa. Commw. LEXIS 695
Commonwealth Court of Pennsylvania·Decided November 10, 1993·No. No. 2494 C.D. 1992·Published

Opinion

SMITH, Judge.

The Pennsylvania State Police petitions for review of the October 23, 1992 award of an arbitrator sustaining in part the grievance filed by Trooper Scott Gibson (Grievant) upon his dismissal from employment with the State Police. The issue presented for review is whether the award of the arbitrator exceeded the bounds of his authority set forth in the collective bargaining agreement (Agreement) between the State Police and the Pennsylvania State Troopers’ Association (Association).

I.

The following are the facts as found by the arbitrator. From 1985 until his discharge, Grievant was employed by the State Police at the Meadville station. Grievant was also the proprietor of a business called Gibson Racing Enterprises and had received permission from the State Police to operate the business as supplemental employment. Grievant’s enterprise began to cause him financial difficulty and he accumulated considerable debt, which resulted in a series of civil and criminal complaints against Grievant involving non-payment of debts and issuance of bad checks.

Following the issuance of a disciplinary action. report (DAR), Grievant was advised by letters dated February 18, 1992 and March 26, 1992 that he had been accused of offenses which would subject him to court-martial proceedings. By letter dated March 9,1992, Grievant also received a thirty-day suspension without pay as a result of a DAR dated September 16, 1991. Pursuant to the Agreement, Grievant was given the option of challenging the accusations either through court-martial proceedings or through the grievance procedure. Grievant chose the grievance procedure and filed grievances challenging the revocation of his supplemental employment approval, the proposed thirty-day suspension, and dismissal.

[595] By letter dated June 11, 1992, Grievant was dismissed for alleged violations of State Police regulations. The letter specifically set forth the following incidents as cause for dismissal: in October 1991, Grievant issued a check in the amount of $152.40 payable to the district court knowing that there were insufficient funds in his personal account; in December 1990, Grievant issued a check in the amount of $40.00, which was returned for insufficient funds; Grievant failed to promptly obey orders made in connection with these incidents to furnish bank statements for his two personal accounts; in August 1991, Grievant failed to include in his investigation report information regarding the license registration of a suspicious vehicle observed near the scene of a burglary; Grievant failed to submit four reports in a timely fashion; and all of this conduct, coupled with Grievant’s prior receipt of DARs, warranted Grievant’s dismissal from the State Police.

Pursuant to the Agreement, the issue submitted to the arbitrator by the parties was whether there was just cause for the suspension and/or dismissal of Grievant and whether the remedy imposed was appropriate. In his opinion, the arbitrator noted that the various incidents for which Grievant was charged did not represent extremely egregious behavior and that “debts alone may not of themselves represent offenses calling for drastic discipline,” Arbitrator’s opinion, p. 10, and stated:

Further, one of the major problems in this case is the time lag between occurrence of the incidents requiring discipline until the actual discipline was imposed. One of the cardinal rules for the imposition of discipline is that management must discipline properly. A most important aspect of disciplining properly is that the punishment must be administered close to the time of the transgression (especially discipline leading to discharge) in order to reinforce the fact that the individual must correct his/her deviant behavior, and hopefully, the imposed discipline will help positively motivate the person to such an end. Imposing discipline at a much later date waters down or removes this “motivation[596] al” aspect. In [Grievant’s] case, punishments were imposed long after the incidents.

Id. at 10-11 (footnote omitted). The arbitrator concluded that the handling of the disciplinary actions imposed upon Grievant were flawed, noting several instances in which DARs were issued but disciplinary action was not taken until as much as a year later. The arbitrator labeled such delay “totally unacceptable from a progressive disciplinary point of view.” Id. at 12.

Consequently, the arbitrator held that a debt owed by Grievant in the amount of $291.78 was not a matter requiring such drastic discipline as a thirty-day suspension; the lateness of the DARs and the delays in the imposition of discipline violated the principle of progressive discipline and were not timely; several of the DARs were less serious than claimed by the State Police; Grievant had not refused to obey orders as charged; and the State Police did not discipline properly for due process and just cause purposes. The arbitrator sustained the grievance in part, denied it in part, and directed the State Police to reinstate Grievant immediately without back pay but "with full seniority. Furthermore, the arbitrator directed that the State Police expunge the discharge from Grievant’s records and insert a final warning that continuing transgressions shall result in discharge, which warning must be issued to Grievant immediately upon his return. The State Police appealed to this Court.

II.

This Court recently held that the proper scope of review of an arbitrator’s award in cases of grievance arbitration involving Act 111 police personnel is the “essence, test,” which is specifically set forth in Section 7302(d) of the Uniform Arbitration Act, 42 Pa.C.S. § 7302(d). See Pennsylvania State Police v. Pennsylvania State Troopers’ Ass’n (Trooper James Betancourt), 159 Pa. Commonwealth Ct. 489, 633 A.2d 1278 (1993). Section 7302(d)(1), (2) provides that where a person is required to submit a controversy to arbitration, a court in [597] reviewing the award shall “modify or correct the award where the award is contrary to law and is such that had it been a verdict of a jury the court would have entered a different judgment or a judgment notwithstanding the verdict.”

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Pennsylvania State Police v. Pennsylvania State Troopers' Ass'n, 633 A.2d 1330, 159 Pa. Commw. 592, 145 L.R.R.M. (BNA) 2441, 1993 Pa. Commw. LEXIS 695 (Pa. Ct. App. 1993).

633 A.2d 1330 (Pennsylvania State Police v. Pennsylvania State Troopers' Ass'n) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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