Township of Wilkins v. Wage & Policy Committee of the Wilkins Township Police Department

696 A.2d 917, 1997 Pa. Commw. LEXIS 296, 1997 WL 365525
CourtCommonwealth Court of Pennsylvania
DecidedJuly 2, 1997
DocketNo. 1088 C.D. 1996
StatusPublished
Cited by9 cases

This text of 696 A.2d 917 (Township of Wilkins v. Wage & Policy Committee of the Wilkins Township Police Department) 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
Township of Wilkins v. Wage & Policy Committee of the Wilkins Township Police Department, 696 A.2d 917, 1997 Pa. Commw. LEXIS 296, 1997 WL 365525 (Pa. Ct. App. 1997).

Opinion

DOYLE, Judge.

The Wage and Policy Committee of the Wilkins Township Police Department (Committee), as representative for the bargaining unit of police officers of Wilkins Township, appeals from a decision of the Court of Common Pleas of Allegheny County which vacated and modified an Act 111 arbitrators’ award amending provisions of the collective bargaining agreement (CBA) between the Committee and the Township of Wilkins (Township) for the three-year period January 1,1996, through December 31,1998.

The Committee and the Township had a collective bargaining agreement for the years 1993, 1994, and 1995 (Old CBA), and the relevant provisions of that agreement provided as follows:

ARTICLE XV
HEALTH INSURANCE BENEFITS
A. Health Care Benefits. All the health care insurance policies maintained by the Township, at Township expense, for the benefit of the officers and their families, shall continue in effect during the terms of this contract.... In addition, officers shall be eligible for 65 Special coverage at the expense of the Township and at the time they become eligible for Medicare provided they do not have the same or equivalent coverage.
D. For employees who retire after December 31, 1989,

(Committee’s Brief at 7-8.)

Basically, therefore, under the Old CBA, police officers and their families would be provided health care coverage until the officer retired. After retirement, although the officer himself would continue to be covered, such coverage would not be extended to his spouse or family. Furthermore, this coverage for the retiree would be provided only until the officer reached age 65, when he would be entitled to Medicare, and the Township would then only provide 65 Special coverage for him alone.

In the course of bargaining for an agreement to begin on January 1, 1996, the Committee proposed, inter alia, Blue/Cross Blue Shield health coverage for retirees and their families, and “Retroactive” “65 Special” coverage for all past retirees. The Township, on the other hand, proposed changing Blue Cross/Blue Shield coverage to a less expensive “Select Blue” plan, or to implement employee contributions toward the health care insurance premiums.

On July 25, 1995, the Committee declared an impasse and notified the Township of its intention to proceed to binding arbitration pursuant to the Act of June 24, 1968, P.L. 237, as amended, 43 P.S. §§ 217.1-.10 (Act 111). Accordingly, the matter was submitted to arbitration, and, on December 20,1995, an arbitration panel issued an award for the three-year period of January 1,1996 through December 31,1998 (New CBA). In resolving the disputed issues, the arbitration panel awarded the change from traditional Blue Cross/Blue Shield coverage to the less expensive Select Blue plan and deleted the freestanding prescription coverage.

The arbitration panel amended the introductory sentence to Subsection A of the CBA to provide as follows:

Pursuant to the arbitration award issued under AAA Case No. 55-360-0188-95, Wilkins Township shall, during the term of this Agreement, unless modified by a writing between the parties, maintain at Township expense, for the benefit of the officers and their families, the basic health care program offered by Blue Cross/Blue Shield of Western Pennsylvania and known as Select Blue....

(Arbitration Award at 3; Reproduced Record (R.R.) at 16a.) The arbitrators also amended the second sentence of Subsection A to read as follows:

In addition, officers and their spouses shall be eligible for Sixty-Five Special Coverage, without regard to the date of the retirement of the officer, at the expense of the Township, and at the time they become eligible for Medicare, provided they do not have the same or equivalent coverage from another source. In the event that extending this coverage to existing retirees is determined to be unenforceable, then as an alternative to this provision, medical coverage shall be provided for any officer and spouse where that officer retires subsequent to 12/31/95.

(Arbitration Award at 3; R.R. at 16a.) (Emphasis added.)

Additionally, the arbitration panel amended Subsection D of the agreement to read:

For employees who retire after 12/31/89, the Township will, for employees only, provide for the continuation of basic health care coverage (hospital/surgical/major [920]*920medical)[3] under the Township’s group health care policies for those benefits at the Township’s expense. This benefit shall be [available] to the employee for the limited period between the employee’s retirement, and the employee’s sixty-fifth birthday. ...

(Arbitration Award at 3-4; R.R. 16a-17a.)

On January 22, 1996, the Township filed a Petition to Vacate and/or Modify or Correct an Arbitration Award in the Court of Common Pleas. By order dated April 4, 1996, the court granted the Township’s petition.

Specifically, the order of the Common Pleas Court “vacated in full” the arbitrators’ amendments to Subsection A of the CBA, and “reinstated” Subsection A to provide as follows:

In addition, officers shall be eligible for 65 Special Coverage at the expense of the Township and at the time that they become eligible for Medicare, provided they do not have the same or equivalent source.

(Order of the Court of Common Pleas, 4/4/96, at 1-2.) Additionally, the April 4th order of the Court of Common Pleas provided:

The provision of the CBA set forth at Article XV, Subsection D, which relates to a date of ‘December 31, 1989’ shall continue in full force and effect, except that the date ‘December 31, 1995’ shall be substituted for ‘December 31,1989.’

(Order of the Court of Common Pleas, 4/4/96, at 2.) The Common Pleas Court subsequently authored an opinion dated November 26, 1996.

After a careful review of the record and the relevant provisions of the New CBA in this case, we hold that the trial court exceeded the narrow certiorari scope of review by revising Subsection A of the New CBA and thereby failing to give effect to the alternative provision included in that section as determined by the arbitration panel. Furthermore, by changing the date stated in Subsection D of the New CBA, the trial court brought two provisions of the agreement into direct conflict with one another. Accordingly, we reverse the decision of the court below.

As this Court stated in Fraternal Order of Police Lodge No. 5 v. City of Philadelphia, 118 Pa.Cmwlth. 132, 546 A.2d 137 (1988), aff'd, 523 Pa. 490, 567 A.2d 1388

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696 A.2d 917, 1997 Pa. Commw. LEXIS 296, 1997 WL 365525, Counsel Stack Legal Research, https://law.counselstack.com/opinion/township-of-wilkins-v-wage-policy-committee-of-the-wilkins-township-pacommwct-1997.