Souderton Area School District v. Souderton Area Education Ass'n

639 A.2d 904, 162 Pa. Commw. 490, 1994 Pa. Commw. LEXIS 116
CourtCommonwealth Court of Pennsylvania
DecidedMarch 11, 1994
StatusPublished
Cited by1 cases

This text of 639 A.2d 904 (Souderton Area School District v. Souderton Area 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.

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Souderton Area School District v. Souderton Area Education Ass'n, 639 A.2d 904, 162 Pa. Commw. 490, 1994 Pa. Commw. LEXIS 116 (Pa. Ct. App. 1994).

Opinion

LORD, Senior Judge.

The Souderton Area School District (District) appeals from the order of the Montgomery County Court of Common Pleas which upheld an arbitrator’s decision that teacher Susan Ashmore’s grievance is arbi-trable and concluded that the arbitrator’s award draws its essence from the collective bargaining agreement (CBA).

[905]*905Susan Ashmore had been employed as a teacher at Montgomery County Intermediate Unit No. 23 (I.U.) when she was transferred to the District pursuant to the Transfer Between Entities Act, 24 P.S. § 11-1113.1 While the District credited Ashmore’s years of service at the I.U., placing her on salary step 10 of the Master’s Track, it did not recognize her years of service as a professional employee prior to her service at the I.U. Had the District given Ashmore the additional credit, she would have been placed on salary step 15 of the Master’s Track, which would have entitled her to nearly $9,000.00 more a year in pay.

The Souderton Area Education Association (Association), which is the exclusive collective bargaining agent for the District’s professional employees, filed a grievance on behalf of Ashmore. The grievance specifically stated:

The Board of School Directors of the Soud-erton Area School District violated the terms and conditions of the collective bargaining agreement with the Souderton Area Education Association when it failed to place the grievant on the proper step of the salary schedule pursuant to Section 1113 of the Pennsylvania Public School Code. Grievant Susan Ashmore was placed on Step 10 Master’s Track but should have been placed on Step 15, Master’s Track.

The Association alleged that the specific articles which had been violated were Article VI, Compensation, Section A. Salary Schedule; Article VIII, Section B. Savings Clause. The CBA at issue between the parties was effective from September 1, 1990 through August 31, 1993.

The applicable CBA afforded a three-step grievance procedure where matters were subject to binding arbitration. Because Ash-more’s grievance was denied at both Steps 1 and 2 and was subject to such arbitration, it was submitted to Step 3. The arbitrator decided that Ashmore’s grievance was arbi-trable because settling the issue involved “interpretation and application of the contract” and he further concluded that she was entitled to full credit for her previous teaching service, placing her on salary step 15 of the Master’s Track.

The District filed a petition for review with the common pleas court, which thereafter affirmed the arbitrator’s award. This appeal followed.2

The District first posits that Ash-more’s grievance was not arbitrable and, therefore, this Court should vacate the arbitrator’s award. Our scope of review of arbitration awards is limited to determining whether the award draws its essence from the collective bargaining agreement or is manifestly unreasonable. Austin Area Education Association, PSEA/NEA v. Austin Area School District, 159 Pa.Commonwealth Ct. 640,-, 634 A.2d 276, 278 (1993). In reaching our decision, we cannot go beyond a determination of whether the award could be rationally derived from the collective bargaining agreement, viewed in light of its language and context, and any other indi-cia of the parties’ intent. Id.3

[906]*906In Article III, Section A. of the CBA, the word “grievance” is defined as follows:

A grievance is a claim based upon an event or condition which affects the conditions or circumstances under which a teacher works, allegedly caused by a misinterpretation or inequitable application of the terms of the contract.

In Article III, Section B., the contract further provides:

The parties to this agreement stipulate that an orderly and expeditious resolution of grievances is necessary.
1. Grievances which are subject to binding arbitration include:
a. Those grievances which require an interpretation and application of the contract.
b. It is understood, that in keeping with the limitation of Act 195, “any decisions of the arbitrator or arbitrators requiring legislation will only be effective if such legislation is enacted.”
2. Grievances which are not subject to binding arbitration include:
a. Grievances which are not covered specifically in Section B, Item 1.

The District maintains that, because Ashmore’s grievance did not require interpretation and application of the CBA, it was not arbitrable. In support of its argument, the District quotes Article VI, Compensation, Section A. Salary Schedule and Article VIII, Miscellaneous Provisions, Section B. Saving Clause. It was these sections which the Association alleged had been specifically violated by the District.

Article VI, Section A. provides:

Full time professional staff members in the employ of the Souderton Area School District during the term of this contract shall receive the salary indicated in the salary schedules which are attached hereto, made a part hereof and Exhibit “B”.

Article VIII, Section B. affords:

The Board agrees that all economic benefits granted by Board regulation shall be in full force and effect for the duration of the contract.

According to the District, Article VI, Section A. does not consider the issue of placement on the salary schedule. In this vein, the District states that “[t]he mere inclusion of a salary schedule in a [CBA] does not in and of itself mean that the [CBA] specifies the manner in which employees are to be placed on that schedule.” (Appellant’s brief, p. 18). Moreover, while the District does concede that Article VI, Section B. concerns itself with placement, it stresses that it only does so with regard to “horizontal” tracks rather than “vertical” steps.4

Furthermore, the District asserts that Article VIII, Section B. is irrelevant because there was no issue as to any economic benefits such as those contemplated in that section.

In short, the District argues that, since the CBA does not specifically discuss the issue of vertical placement on the salary schedule and, since the evidence failed to show that the District violated past practice in placing Ashmore, the arbitrator needed to interpret the Transfer Between Entities Act rather than the CBA to arrive at his award. Therefore, the District claims, Ashmore’s grievance is not arbitrable.

We stated in Garnet Valley Service Personnel Association v. Garnet Valley School District, 128 Pa.Commonwealth Ct. 182, 186, 563 A.2d 207, 209 (1989) that

[i]t is within the province of this Court to determine as a threshold issue whether the parties to the underlying dispute have agreed to submit that dispute to an arbitrator’s jurisdiction. See Neshaminy Federation of Teachers v. Neshaminy School District, 501 Pa.

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639 A.2d 904, 162 Pa. Commw. 490, 1994 Pa. Commw. LEXIS 116, Counsel Stack Legal Research, https://law.counselstack.com/opinion/souderton-area-school-district-v-souderton-area-education-assn-pacommwct-1994.