Shoemakersville Borough v. Shoemakersville Borough Police Ass'n

15 Pa. D. & C.5th 529, 2010 Pa. Dist. & Cnty. Dec. LEXIS 411
CourtPennsylvania Court of Common Pleas, Berks County
DecidedAugust 13, 2010
Docketno. 10-3017
StatusPublished
Cited by1 cases

This text of 15 Pa. D. & C.5th 529 (Shoemakersville Borough v. Shoemakersville Borough Police Ass'n) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Berks County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Shoemakersville Borough v. Shoemakersville Borough Police Ass'n, 15 Pa. D. & C.5th 529, 2010 Pa. Dist. & Cnty. Dec. LEXIS 411 (Pa. Super. Ct. 2010).

Opinion

SPRECHER, J,

Petitioner, Shoemakersville Borough, appeals the order dated May 7, 2010, that denied its petition to vacate an Act 111 grievance arbitration award. This opinion is filed pursuant to Pa.R.A.P. 1925.

FACTS

Although the parties have been involved in a lengthy contract dispute, the facts as gleaned from the record are uncontroverted. Ronald Yocum (grievant) was initially hired as a part-time police officer by the Shoemakersville Borough in 1989. He was appointed chief of police in February 1990.

On May 3, 2004, grievant made a traffic stop and twisted his back as he jumped into his patrol car to avoid being struck by another vehicle. Grievant required back surgery and rehabilitation. Both his personal doctor and Borough’s doctor released grievant to return to work in October 2004. However, Borough placed him on paid administrative leave under the Heart and Lung Act pending further investigation of alleged disciplinary infractions. On February 5,2005, borough terminated grievant on the basis of alleged misconduct.

Shoemakersville Borough Police Association filed a grievance on the issue of whether Borough had just cause to fire grievant. The arbitration decision stated that grievant was to be reinstated immediately with full credit for seniority, longevity, vacation, and pension. He was also to receive full back-pay except for a 60-day period and was to be compensated for the pay differential from the Act 111 Award that he had been denied while being paid under the Heart and Lung Act.

[532]*532Board appealed the award. The trial court dismissed the appeal on November 14, 2006. Board did not file a further appeal. However, it also did not comply with the award.

On June 6, 2006, at a Borough Council meeting association presented a notice of intention to initiate collective bargaining to pursuant to Act 111. At the same meeting Borough voted to disband immediately the police department.

Association filed an unfair labor practice (ULP) charge with the Pennsylvania Labor Relations Board (PLRB) that Borough had unlawfully failed/refused to comply with grievanf s arbitration award. On June 4,2007, grievant applied for disability retirement benefits while the ULP charge was still pending. A report from grievanf s treating physician dated May 23,2007, stated that grievanf s condition had gradually worsened to the point that grievant was permanently precluded from performing police duties. Grievant filed a grievance upon Borough’s failure to respond to his request. The PLRB hearing examiner found that Borough’s failure and/or refusal to comply with the arbitration award was unreasonable.

On August 21, 2007, Borough denied grievanf s request for disability benefits. Association then gave notice of its intent to arbitrate the matter of grievanf s disability retirement. Borough claimed that the matter was not able to be arbitrated because no collective bargaining agreement existed so there was no bargaining obligation in existence.

The arbitrator found the grievance to be not arbitrable. Association appealed the award to this court. By order dated February 2,2009, this court granted Association’s [533]*533petition and vacated the award. The case was remanded to arbitrator for a determination on the merits.

The relevant contractual provision is found in article XIII — -Pensions, section 3 and reads in pertinent part as follows:

“Any full-time (sic) police officer who dies or becomes totally disabled due to injury sustained in the line of duty shall be fully vested, and shall be eligible for retirement benefits of 50 percent of final average salary.”

On remand the arbitrator found that grievant was entitled to a pension for several reasons. Grievant’s medical condition was undisputed. Grievant’s treating physician noted in his medical report that:

“There is no history that indicates that there has been a new injury since the original injury of May 3, 2004. There has been a gradual worsening of the patient’s lower back pain without any new injury or aggravation. His chronic lower back problem is directly related [to] the work injury of May 3, 2004.
“With a reasonable degree of medical certainty, it is felt that Mr. Yocum is not capable of performing the duties of a police officer.”

Following his termination, grievant engaged in sporadic part-time police work, but he never again performed regular, full-time police duties. He was working in a supervisory capacity for a roofing company. Grievant had completed more than 12 years of service so his pension would have vested under the bargaining agreement.

Borough filed a petition to vacate the Act 111 grievance arbitration award which this court denied by order on May 7, 2010. Borough filed a timely appeal.

[534]*534ISSUES

Borough raises three issues in its concise statement of errors complained of on appeal:

(1) This court erred as a matter of law, abused its discretion and exceeded its authority under the narrow certiorari standard of review by vacating the arbitrator’s initial award in which the arbitrator concluded that the underlying grievance was not arbitrable because he lacked jurisdiction.

(2) This court erred as a matter of law, abused its discretion and exceeded its authority under the narrow certiorari standard of review by failing to affirm the arbitrator’s initial award on the basis that no collective bargaining agreement existed upon which the arbitrator could derive jurisdiction and in the absence of any intent by the parties that grievances arising after the expiration of or in the absence of the agreement would be arbitrable. This court further failed to affirm arbitrator’s initial award on the alternative basis that, as the result of the lawful disbandment of the police department, the parties’ obligation to bargain and the corresponding obligation to arbitrate were extinguished and on that basis that Yocum was no longer a police officer and, therefore, no longer a member of the category of individuals eligible for a disability pension benefit, i.e., police officers.

(3) This court erred as a matter of law, abused its discretion and exceeded its authority under the narrow certiorari standard of review by refusing to vacate the arbitrator’s second award on the ground that arbitrator’s second award directed the borough to perform an act in excess of its statutory authority, i.e., to provide a dis[535]*535ability pension to an ineligible individual who was not a police officer at the time at which his disability allegedly became permanent by virtue of a legitimate disbandment of the borough’s police department a year prior. This court further erred by failing to reinstate arbitrator’s initial award as to his jurisdiction or to afford any deference thereto.

DISCUSSION

The first two issues are interrelated and shall be addressed collectively. The essential issue is that this court should have affirmed the arbitrator’s initial award on the grounds that no valid collective bargaining agreement existed upon which the arbitrator could have derived jurisdiction and the absence of any intent by the parties that grievances arising after the expiration of or in the absence of the agreement would be arbitrable. These issues are without merit.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

J. Wybranowski v. North Strabane Township
Commonwealth Court of Pennsylvania, 2018

Cite This Page — Counsel Stack

Bluebook (online)
15 Pa. D. & C.5th 529, 2010 Pa. Dist. & Cnty. Dec. LEXIS 411, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shoemakersville-borough-v-shoemakersville-borough-police-assn-pactcomplberks-2010.