Southeastern Pennsylvania Transportation Authority v. Transport Workers' Union

525 A.2d 1, 105 Pa. Commw. 436, 125 L.R.R.M. (BNA) 3051, 1987 Pa. Commw. LEXIS 2098
CourtCommonwealth Court of Pennsylvania
DecidedApril 24, 1987
DocketAppeal, 2669 C.D. 1985
StatusPublished
Cited by3 cases

This text of 525 A.2d 1 (Southeastern Pennsylvania Transportation Authority v. Transport Workers' Union) 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
Southeastern Pennsylvania Transportation Authority v. Transport Workers' Union, 525 A.2d 1, 105 Pa. Commw. 436, 125 L.R.R.M. (BNA) 3051, 1987 Pa. Commw. LEXIS 2098 (Pa. Ct. App. 1987).

Opinions

Opinion by

Judge Colins,

Southeastern Pennsylvania Transportation Authority (SEPTA) appeals an order of the Court of Common Pleas of Philadelphia County which upheld the award of an arbitration board (Board) reinstating Earl Melvin (Melvin) as a trolley operator, a position from which he had been disqualified pursuant to medical standards promulgated by SEPTA. At issue is whether SEPTAs promulgation of medical standards for the disqualification of transit vehicle operators is an inherent prerogative of the public employer removed from the scope of collective bargaining in both substance and application.

Mr. Melvin began his employment with SEPTA as a trolley operator in February, 1973, and continued in that position until May, 1981, at which time he was hospitalized with chest pains. Diagnostic procedures revealed that Melvin suffered coronary artery disease and bypass surgery was performed. Upon his recuperation, Melvin attempted to return to his former position but was disqualified from doing so by SEPTAs Medical Examiner, pursuant to SEPTAs medical standards for employment1 which pertinently provided as follows:

[439]*439The causes for rejection are not confined to those named below. Any disease, injury, abnormality, condition, or combination of conditions, which in the opinion of the Medical Examiner would tend to impair health or prevent proper performance of duties by the applicant, or risk the safety and welfare of equipment and passengers, may be a cause for rejection. Ischemic Heart Disease:
I) Angina Pectoris—II) Myocardial Insufficiency —Ill) Myocardial Infarction.
New Applicants: Presence of either one, rejects. History of either one, rejects. Old Employees:[2]
Operators: Totally and permanently disqualified. Non-Operators: If driving any company vehicle, totally and permanently disqualified. If operating machinery and all other non-operators—temporary disability until absolutely controlled or may totally and permanently disqualify
Addendum: The performance of cardiac surgery for correction of any heart condition will not preclude the disqualification of any employee, if applicable, when the underlying condition has already disqualified. (Emphasis in original in part and added in part.)

Mr. Melvin was permitted to return to work as a cashier, but continued to request transfer to his former position as a trolley operator. Upon SEPTAs continued refusal to grant the transfer, the Transport Workers’ Union of America, AFL-CIO, and Transport Workers’ Un[440]*440ion of Philadelphia, Local 234 (Unions) filed a grievance and the matter proceeded to the Board. SEPTA objected to the jurisdiction of the Board, contending that the disqualification of an employee in accordance with the relevant medical criteria was not an issue governed by the collective bargaining agreement so as to render Mr. Melvins complaint subject to the arbitration mechanism contained therein.

After hearings, the Board determined that the question of SEPTAs refusal to restore Melvin to his prior position was arbitrable and thereby encompassed-review as to the manner in which SEPTA applied its medical standards, “without . . . making any determination as to the correctness or propriety of the Policy itself.” Noting Sections 304 and 305 of the Agreement, entitled, respectively, “Transfers” and “Qualification for Transfers,” the Board found that SEPTA had contractually agreed to submit matters involving employee transfer following medical disqualification to grievance resolution. The Board found that SEPTAs rote application of its medical standards without consideration of Mr. Melvins individual circumstances and the testimony of his cardiologist who stated that he was asymptomatic and able to resume his former position was arbitrary and capricious. Finding that “no question about grievant Melvins physical capabilities [exists] at [this] time,” the Board ordered Melvin be reinstated as an operator.

Upon appeal, the trial court affirmed Mr. Melvins reinstatement, found that the contractual provisions, notably Sections 202(b),3 304 and 305, indicated an inten[441]*441tion of the parties to subject grievances of this nature to arbitration and concurred in the Boards assessment that SEPTAis rote adherence to the medical standards in the face of contrary medical evidence as to Melvins physical capabilities constituted a breach of the collective bargaining agreement. The instant appeal followed.

Upon appeal, SEPTA contends that: (1) the determination of the medical qualifications of a transit vehicle operator is an inherent managerial prerogative reserved to the public employer by virtue of Sections 702 and 703 of the Public Employe Relations Act (PERA), Act of July 23, 1970, PL. 563, as amended, 43 PS. §§1101.702-1101.703, and is not a condition of employment subject to collective bargaining or arbitration under a collective bargaining agreement; and (2) assuming arguendo, that the above provisions of PERA do not preclude the negotiation of medical standards of employment, SEPTA and the Unions herein did not so bargain.

Our limited role with respect to the issue of arbitrability in the instant matter is to determine whether the question of Mr. Melvins medical disqualification arguably required interpretation of a provision in the collective bargaining agreement. If the issue is one arguably addressed by the bargaining agreement, arbitration is required. Ringgold School District v. Abramski, 57 Pa. Commonwealth Ct. 33, 426 A.2d 707 (1981). Section 903 of PERA, 43 P.S. §1101.903, provides that “[arbitration of disputes or grievances arising out of the interpretation of the provisions of a collective bargaining agreement is mandatory” (Emphasis added).

The review of an arbitrators decision is highly circumscribed and will not be overturned if it draws its essence from the collective bargaining agreement. See City of Scranton v. International Association of Machinists & Aerospace Workers Lodge 2305, AFL-CIO, 95 Pa. [442]*442Commonwealth Ct. 540, 505 A.2d 1121 (1986). The broad judicial deference given arbitrators’ awards applies with equal force to decisions regarding the arbitrability of a grievance. Wayne Highlands Education Association v. Wayne Highlands School District, 92 Pa. Commonwealth Ct. 114, 498 A.2d 1375 (1985).

We first consider SEPTA’s contention that the medical disqualification standards at issue here are an embodiment of managerial policy removed from the scope of bargaining by Section 702 of PERA. Section 702 provides that:

Public employers shall not be required to bargain over matters of inherent managerial policy, which shall include but shall not be limited to such areas of discretion or policy as the functions and programs of the public employer, standards of services . . . and selection and direction of personnel. (Emphasis added.)

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Bluebook (online)
525 A.2d 1, 105 Pa. Commw. 436, 125 L.R.R.M. (BNA) 3051, 1987 Pa. Commw. LEXIS 2098, Counsel Stack Legal Research, https://law.counselstack.com/opinion/southeastern-pennsylvania-transportation-authority-v-transport-workers-pacommwct-1987.