Ridley School District v. Ridley Education Ass'n

479 A.2d 641, 84 Pa. Commw. 117, 1984 Pa. Commw. LEXIS 1598
CourtCommonwealth Court of Pennsylvania
DecidedJuly 19, 1984
DocketAppeals, Nos. 595 C.D. 1983 and 596 C.D. 1983
StatusPublished
Cited by7 cases

This text of 479 A.2d 641 (Ridley School District v. Ridley 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
Ridley School District v. Ridley Education Ass'n, 479 A.2d 641, 84 Pa. Commw. 117, 1984 Pa. Commw. LEXIS 1598 (Pa. Ct. App. 1984).

Opinion

Opinion by

Judge Barry,

These cross appeals result from an order of the Court of Common Pleas of Delaware County which affirmed in part and reversed in part the award of an arbitrator on grievances filed by the Ridley Education Association (Association) against the Ridley School District (School District).

[119]*119On September 2, 1980, the School District and the Association entered into a collective bargaining agreement covering the school years 1980-81 through 1982-83. In June of 1982, Gail Heinemeyer and Caroline Lindauer, professional employees of the School District, were notified they were being placed on suspended status pursuant to Section 1125.1 of the Public School Code of 19491 (School Code) because of declining pupil enrollment in the School District. Both employees claimed their suspensions were improper. Ms, Heinemeyer, who had completed ten years of teaching with the School District at the end of the 1981-82 school year, argued she had applied for, and was entitled to, a sabbatical leave, thereby obviating the need for her suspension. Mrs. Lindauer claimed she was entitled to another one-half year seniority for a maternity leave during the 1975-76 school year, thereby placing her ahead of. other employees on the seniority list and requiring that her suspension be withdrawn.

The Association filed grievances on behalf of both employees; both grievances eventually proceeded to arbitration. The arbitrator ruled in favor of both employees. The School District appealed to the Court of Common Pleas of Delaware County. That court affirmed the arbitrator’s award granting Ms. Heinemeyer her sabbatical leave but reversed the portion of the award crediting Mrs. Lindauer with an additional one-half year seniority. These cross appeals by the School District and the Association followed.

When reviewing the merits of an arbitrator’s award, we are limited to determining if the award draws its essence from the collective bargaining agree[120]*120ment. Community College of Beaver County v. Community College of Beaver County, Society of the Faculty, 473 Pa. 576, 375 A.2d 1267 (1977). “An award draws its essence from the collective bargaining agreement if the interpretation can in any rational way be derived from the agreement, viewed in the light of its language, its context, and any other indicia of the parties’ intention.” City of Scranton v. Shoemaker, 59 Pa. Commonwealth Ct. 141, 144, 428 A.2d 1048, 1049 (1981). Furthermore, parties to a collective bargaining agreement have “bargained for the arbitrator’s construction, not the court’s; thus a court has no business intruding into the domain of the arbitrator because its interpretation of the agreement differs from [the arbitrators].” Scranton Federation of Teachers v. Scranton School District, 498 Pa. 58, 65, 444 A.2d 1144, 1147 (1982).. Accordingly, “the arbitrator’s interpretation must be upheld if it is a reasonable one.” International Brotherhood of Firemen & Oilers v. School District of Philadelphia, 465 Pa. 356, 366, 350 A.2d 804, 809 (1976).

The School District first argues that both the arbitrator and the common pleas court erred in ruling that a dispute concerning suspensions of professional employees pursuant to Section 1125.1 of the School Code is encompassed within the terms of the collective bargaining agreement and, therefore, subject to arbitration. “In deciding whether a dispute or grievance presents an arbitrable question one must determine whether the parties intended arbitration. Of course, the parties ’ intent is evidenced by the collective bargaining agreement and the circumstances surrounding its execution.” East Pennsboro Area School District v. Pennsylvania Labor Relations Board, 78 Pa. Commonwealth Ct. 301, 305, 467 A.2d 1356, 1358 (1983). Furthermore, “the broad judicial deference given arbitrators’ decisions applies with equal force [121]*121to determinations regarding the arbitrability of the subject matter of a grievance.” Scranton Federation of Teachers at 65, 444 A.2d at 1147.

Article XXX, Section 1 of this collective bargaining agreement defines a grievance as “a claim or assertion that there has been a violation of any of the provisions of this agreement.” Furthermore, Article XXVII provides:

The Public School Code of the Commonwealth of Pennsylvania includes certain job security provisions, certification, and other regulatory provisions associated with various classes of employees. The parties hereby aver that such provisions of the School Code represent their complete agreement and that said provisions shall govern the manner in which the job security, job progression, and reduction in force practice shall be effected with respect to members of the Bargaining Unit.

In Rylke v. Portage Area School District, 473 Pa. 481, 375 A.2d 692 (1977), the court ruled that a provision in a collective bargaining agreement almost identical to the present provision demonstrated the parties’ intent to allow an arbitrator to rule on the propriety of suspensions of professional employees. The School District argues, however, that Rylke is inapposite because of changes made in the School Code after the decision in Rylke and prior to the signing of the present collective bargaining agreement. That change, contained in Section 1125.1(f) provides, “A decision to suspend in accordance with this section shall be considered an adjudication within the meaning of the act known as the ‘Local Agency Law [2 Pa. C. S. §§551-55, 751-54].’ ” 24 P.S. §11-1125.1 (Supp. 1984-85). No such provision was present in the prior law dealing with suspensions in effect when Rylke was decided. The School District argues that [122]*122Section 1125.1(f) mandates review of suspensions under the Local Agency Law, thereby evidencing the parties’ intent not to allow arbitration of disputes over suspensions. It further argues that Neshaminy Federation of Teachers v. Neshaminy School District, 501 Pa. 534, 462 A.2d 629 (1983), compels such a conclusion.

In Neshaminy, a professional employee was dismissed pursuant to Section 1122 of the School Code following his convictions of various crimes. A grievance was filed and the arbitrator ordered the teacher reinstated. On appeal, the Supreme Court, after reviewing the collective bargaining agreement, concluded that the parties did not intend to allow arbitration of disputes over the dismissal of a professional employee. The court’s decision was based on a number of factors.

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Bluebook (online)
479 A.2d 641, 84 Pa. Commw. 117, 1984 Pa. Commw. LEXIS 1598, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ridley-school-district-v-ridley-education-assn-pacommwct-1984.