Turkeyfoot Valley Area School District v. Turkeyfoot Valley Education Ass'n

12 Pa. D. & C.3d 122, 1979 Pa. Dist. & Cnty. Dec. LEXIS 212
CourtPennsylvania Court of Common Pleas, Somerset County
DecidedApril 4, 1979
Docketno. 493 of 1978
StatusPublished

This text of 12 Pa. D. & C.3d 122 (Turkeyfoot Valley Area School District v. Turkeyfoot Valley Education Ass'n) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Somerset County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Turkeyfoot Valley Area School District v. Turkeyfoot Valley Education Ass'n, 12 Pa. D. & C.3d 122, 1979 Pa. Dist. & Cnty. Dec. LEXIS 212 (Pa. Super. Ct. 1979).

Opinion

SHAULIS, J.,

This matter is before the court on the appeal of Turkeyfoot Valley Area School District from an arbitration award in favor of appellee, Turkeyfoot Valley Education Association.

FACTS

Pursuant to a collective bargaining agreement in effect between the Turkeyfoot Valley Area School District and Turkeyfoot Valley Area Education Association, a grievance was filed by the association relative to the refusal by the district to pay certain longevity bonuses referred to in article XI of the collective bargaining agreement. The parties selected William C. Stonehouse, Jr. to act as arbitrator and an arbitration hearing was held on September 18, 1978. The arbitrator sustained the grievance of the association and directed the district to make certain longevity bonus payments by award dated December 7, 1978. The district filed a timely appeal asking this court to reverse the arbitrator’s decision.

The district had been paying these longevity bonus payments to professional employes until such time as the Pennsylvania Auditor General’s office cited the district for paying the bonuses. The Auditor General’s office claimed that the district was not authorized by the School Code to make the payments and requested the district to stop paying them. This citation from the Auditor General put the district in a dilemma and it stopped paying the bonuses to the professional employes, hence the filing of the grievance.

[124]*124DISCUSSION

The appellee filed a brief in addition to oral argument and we agree with the brief and adopt it as the opinion of this court as follows:

The Judicial Code provides that the common pleas court shall have jurisdiction of petitions for review of an award of arbitrators appointed in conformity with a statute to arbitrate a dispute between a government agency, except a Commonwealth agency, and an employe of such agency: Act of July 9, 1976, P.L. 586, sec. 933, added April 28, 1978, P.L. 202, sec. 10(12), effective June 27, 1978, 42 Pa.C.S.A. §933(b). The Public Employe Relations Act, hereinafter called Act 195, provides in section 903 that: “Arbitration of disputes or grievances arising out of the interpretation of the provisions of a collective bargaining agreement is mandatory.” Act of July 23, 1970, P.L. 563, art. IX, sec. 903, 43 P.S. §1101.903.

The Pennsylvania Supreme Court has held that the Arbitration Act of 1927 provides the standards of judicial review for arbitration awards such as the one in question. Section 10 of the Arbitration Act of 1927 provides for grounds upon which the court could rest its decision to vacate an arbitration. These grounds are as follows:

“(a) Where the award was procured by corruption, fraud, or undue means.
“(b) Where there was evident partiality or corruption on the part of the arbitrators, or any of them.
“(c) Where the arbitrators were guilty of misconduct in refusing to postpone the hearing upon sufficient cause shown, or in refusing to hear evi[125]*125dence pertinent and material to the controversy, or any other misbehavior by which the rights of any party have been prejudiced.
“(d) Where the arbitrators exceeded their powers or so imperfectly executed them that a final and definite award upon the subject matter submitted was not made.” Act of April 25, 1927, P.L. 381, sec. 10, 5 P.S. §170.

Section 11 of the Act of 1927 sets forth the following grounds upon which the court could rest its decision for modifying or correcting an arbitration award. These grounds are as follows:

“(a) Where there was an evident material miscalculation of figures, or an evident material mistake in the description of any person, thing, or property referred to in the award.
“(b) Where the arbitrators have awarded upon a matter not submitted to them, unless it is a matter not affecting the merits of the decision upon the matters submitted.
“(c) Where the award is imperfect in matter of form not affecting the merits of the controversy.
“(d) Where the award is against the law, and is such that had it been a verdict of the jury the court would have entered different or other judgment notwithstanding the verdict.” Act of April 25, 1927, P.L. 381, sec. 11, 5 P.S. §171.

The Supreme Court holding that these sections of the Arbitration Act of 1927 apply to petitions for review or arbitration awards in public employer cases is set forth in the case of Community College of Beaver County v. Community College of Beaver County, Society of the Faculty, 473 Pa. 576, 375 A. 2d 1267 (1977). The college had filed a petition [126]*126for review of the arbitrator’s decision in the Beaver County case pursuant to Pa.R.J.A. 2101. The Supreme Court pointed out that that rule had been superseded by Rule 703 of the Rules of Appellate Procedure and by Rule 247 of the Rules of Civil Procedure: 493 Pa. 583, 375 A. 2d 1270. The Judicial Code, supra, now provides the jurisdictional authority for such petitions for review in 42 Pa.C.S.A. §933(b). The Supreme Court approved of the “essence” standard of review which had been adopted by the Commonwealth Court. The court stated at 473 Pa. 590, 375 A. 2d 1274, as follows:

“In Brownsville Area School District v. Brownsville Education Association, 26 Pa. Cmwlth. 241, 244, 363 A. 2d 860, 862 (1976), [the Commonwealth Court], speaking through President Judge Bowman, held that — ‘An arbitrator’s award in a labor dispute is legitimate “so long as it draws its essence from the collective bargaining agreement.” [Citations omitted.]”’

The Supreme Court also stated in the Community College of Beaver County case at 473 Pa. 593, 375 A. 2d 1275, as follows:

“To state the matter more precisely, where a task of an arbitrator, PERA or otherwise, has been to determine the intention of the contracting parties as evidenced by their collective bargaining agreement and the circumstances surrounding its execution, then the arbitrator’s award is based on a resolution of a question of fact and is to be respected by the judiciary if ‘the interpretation can in any rational way be derived from the agreement, viewed in light of its language, its context, and any other indicia of the parties’ intention . . .’ Ludwig Honold Mfg. Co. v. Fletcher, 405 F. 2d 1123, 1128 [127]*127(3d Cir. 1969). It was this approach which was meant to be suggested by the brief statement in International Brotherhood of Firemen and Oilers, quoted supra, that ‘The arbitrator’s interpretation of the contract must be upheld if it is a reasonable one.’ 465 Pa. at 366, 350 A. 2d at 809.”

As to what was a question of fact, the Supreme Court stated in the Community College of Beaver County case that “. . . it is clear that the arbitrator in all cases in which interpretation of the collective bargaining agreement is called for is deciding a factual question: what the parties intended.” 473 Pa. 593, 375 A. 2d 1275.

The Supreme Court followed the Community College of Beaver County decision in the case of Lewisburg Area Education Association v. Board of School Directors, Lewisburg Area School District, 474 Pa. 102, 376 A. 2d 993 (1977).

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12 Pa. D. & C.3d 122, 1979 Pa. Dist. & Cnty. Dec. LEXIS 212, Counsel Stack Legal Research, https://law.counselstack.com/opinion/turkeyfoot-valley-area-school-district-v-turkeyfoot-valley-education-assn-pactcomplsomers-1979.