Riverview School District v. Riverview Education Ass'n

639 A.2d 974, 162 Pa. Commw. 644, 639 A.D.2d 974, 145 L.R.R.M. (BNA) 2964, 1994 Pa. Commw. LEXIS 131
CourtCommonwealth Court of Pennsylvania
DecidedMarch 25, 1994
StatusPublished
Cited by19 cases

This text of 639 A.2d 974 (Riverview School District v. Riverview 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
Riverview School District v. Riverview Education Ass'n, 639 A.2d 974, 162 Pa. Commw. 644, 639 A.D.2d 974, 145 L.R.R.M. (BNA) 2964, 1994 Pa. Commw. LEXIS 131 (Pa. Ct. App. 1994).

Opinion

SMITH, Judge.

The Riverview School District (School District) appeals from the March 4, 1993 order of the Court of Common Pleas of Allegheny County which dismissed the School District’s petition for review and petition to vacate, modify and/or correct an arbitrator’s award sustaining grievances filed by the Riverview Education Association (Association) on behalf of Brian Miller and Paulette Luczak. At issue is whether the arbitrator’s decision may rationally be derived from the collective bargaining agreement (Agreement) between the School District and the Association.

I

Luczak and Miller were grammar school teachers employed by the School District. In the autumn of 1990, Luczak, Miller, and Miller’s wife began planning a ski-club trip to Colorado that was scheduled for a week in February 1991 in which Monday would be a legal holiday but school would be in session the remaining four days. In November 1990, Luczak and Miller each submitted to the superintendent of schools requests for per[976]*976sonal leave for February 19 through 22, 1991. Pursuant to provisions of the Agreement,1 the superintendent requested further clarification as to the purpose for the leave requests and held separate conferences with Luczak and Miller in order to discuss the reasons for their requests.2 In December 1990, the superintendent denied the requests, stating that the reasons for the requests failed to represent matters which must be conducted at times when school is in session.

On December 20, 1990, the Association filed a grievance on behalf of Luczak and Miller requesting approval for the personal leave days and reimbursement for any losses incurred. After hearing, the superintendent again denied the requests. The Association continued the grievance before the school board, which on January 21, 1991 affirmed the superintendent’s decision. On February 1, 1991, the Association informed the School District that it accepted the decision and would not further pursue the matter. Meanwhile, Luczak and Miller made payments on the ski trip throughout December and January and continued to make plans for the trip, despite the denial of their requests. In January, an Association representative inquired of the superintendent if Luczak and Miller could take unpaid leave to go on the ski trip. The superintendent responded that he would present the matter to the school board if Luczak and Miller requested it; however, Luczak and Miller made no such request.

On Tuesday, February 19, 1991, Luczak left a message on the School District’s telephone answering machine that she was “going to need to be off Tuesday, Wednesday, Thursday and Friday, at least” and further stating, “I’ll call if I need to be off longer.” That same day, Miller left a message on the answering machine stating, “I am going to need to be off for a few days” and “I will call you when I can be back.” Luczak and Miller did not report for duty for the remainder of the week. On Monday, February 25, 1991, Miller reported to work. In a meeting with the superintendent that day, Miller stated that he had been to Colorado and presented the superintendent with a School District absence certificate stating that his absence was due to “personal illness,” as well as a letter from a clinical psychologist, Roger J. Morris, dated February 9, 1991 stating that he evaluated Miller on January 19, 1991 and that “stressful life events” supported Miller “being granted time off in order to prevent further psychological disability.” The superintendent suspended Miller from his duties pending a school board hearing.

Also on February 25, Luczak left a message that she would not be in on Monday or Tuesday of that week. The following day, Luczak left a message that she had “just come from an appointment and will not be in the rest of the week.” Luczak returned to work on Monday, March 4, 1991 and when asked by the superintendent about her absence, she responded that she could not answer because it was related to her treatment. Luczak presented the superintendent with an absence certificate stating that her absence was due to “personal illness,” and she included a letter from Morris dated February 15, 1991 stating that Luczak was “presently in treatment” and “recent family events in her life has [sic] led her to experience an inordinate and unacceptable degree of psychological stress.” Morris’ letter recommended “a temporary leave of absence from work.” The superintendent suspended Luczak pending a school board hearing. Luczak and Miller were given notices of charges and scheduled hearings before the board. The parties subsequently agreed that the matters [977]*977would be considered as completed dismissals from employment and opted for the grievance procedure.

The issue before the arbitrator was whether there was just cause for the dismissals. After hearing, the arbitrator issued an opinion in which he stated, inter alia, that the mere fact that Luczak and Miller requested and were denied personal emergency leave is of “no relevant significance”; the issue is whether their absences were justified as sick leave; and the School District discharged Luczak and Miller solely because they took the same ski trip under “sick leave” for which they had earlier been denied personal emergency leave. The arbitrator sustained the grievances with directions that the School District reinstate the grievants to their former employment status. On appeal, the trial court stated in its opinion that if it “were in the position of the arbitrator, grievants’ claims would have been given the short shrift they deserve. It takes no special perspicacity to ferret out grievants’ end-run around the personal leave denial via the sick-leave route.” However, the trial court held that because of its limited scope of review it was without power to overturn the arbitrator’s award and it dismissed the School District’s petition.

II

The School District argues on appeal that the arbitrator was without authority to overturn its dismissal of Luczak and Miller because their misconduct constituted just cause for discipline. This Court notes at the outset that review of an arbitrator’s award entered pursuant to the Public Employe Relations Act3 is limited. The proper judicial inquiry is whether the award draws its essence from the collective bargaining agreement. Manheim Central Education Ass’n v. Manheim Central School Dist., 132 Pa.Commonwealth Ct. 94, 572 A.2d 31, appeal denied, 525 Pa. 661, 582 A.2d 326 (1990). Under the essence test, this Court is confined to determining whether the arbitrator’s decision could rationally be derived from the collective bargaining agreement. Pennsylvania Liquor Control Board v. Independent State Stores Union, 520 Pa. 266, 553 A.2d 948 (1989). An arbitrator’s award is to be respected by the courts if it represents a reasonable interpretation of the labor agreement between the parties. County of Centre v. Musser, 519 Pa. 380, 548 A.2d 1194 (1988). Where the arbitrator’s words exhibit an infidelity to the agreement, courts have no choice but to refuse enforcement of an award. City of Philadelphia v. Fraternal Order of Police, Lodge No. 5, 129 Pa.Commonwealth Ct.

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639 A.2d 974, 162 Pa. Commw. 644, 639 A.D.2d 974, 145 L.R.R.M. (BNA) 2964, 1994 Pa. Commw. LEXIS 131, Counsel Stack Legal Research, https://law.counselstack.com/opinion/riverview-school-district-v-riverview-education-assn-pacommwct-1994.