Upper Makefield Township v. Pennsylvania Labor Relations Board

717 A.2d 598, 159 L.R.R.M. (BNA) 2164, 1998 Pa. Commw. LEXIS 673
CourtCommonwealth Court of Pennsylvania
DecidedAugust 27, 1998
StatusPublished
Cited by4 cases

This text of 717 A.2d 598 (Upper Makefield Township v. Pennsylvania Labor Relations Board) 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
Upper Makefield Township v. Pennsylvania Labor Relations Board, 717 A.2d 598, 159 L.R.R.M. (BNA) 2164, 1998 Pa. Commw. LEXIS 673 (Pa. Ct. App. 1998).

Opinions

SMITH, Judge.

Upper Makefield Township (Employer) petitions for review of a final order of the Pennsylvania Labor Relations Board (Board) entered July 8, 1997 in which the Board found that Employer committed an unfair labor practice when it refused to proceed to arbitration of a grievance filed by the Upper Makefield Township Police Association (Association). The grievance arose out of the parties’ 1990-1992 collective bargaining agreement (Agreement). The question presented to this Court is whether an employer must arbitrate a grievance where the griev-anee procedure set forth in the parties’ collective bargaining agreement does not require arbitration as the last stage in a four-step grievance procedure.

The facts of this matter are not in dispute. On July 21, 1992, the Association filed a grievance on behalf of Matthew Shrum, who was terminated as a police officer prior to the end of his probationary period for insubordination and conduct unbecoming an officer. Employer refused to process the grievance through the grievance procedure set forth in the Agreement because Shrum was a probationary employee and according to Employer was no longer classified as a police officer as defined in the Agreement. This began a somewhat lengthy procedural history that is largely not relevant here, except that it resulted in the grievance being processed through the four steps of the grievance procedure and ultimately denied in December 1995 by Employer’s Board of Supervisors at the last step in the grievance process.1 Next, the Association notified Employer that it intended to proceed to binding arbitration. Employer refused because the Agreement included no step for grievance arbitration, and, therefore, Employer believed that it was not required to submit the grievance to arbitration.

On January 3, 1996, the Association filed the unfair labor practice charge alleging that Employer violated the Act of June 24, 1968, P.L. 237, as amended, 43 P.S. §§ 217.1-217.10, commonly known as “Act 111,” and Sections 6(l)(a) and (e) of the Pennsylvania Labor Relations Act (PLRA), Act of June 1, 1937, P.L. 1168, as amended, 43 P.S. §§ 211.6(1)(a) and (e),2 by refusing to pro[600]*600ceed to arbitration. The Board concluded that both this Court and the Supreme Court have recognized that Act 111 mandates binding arbitration of all grievances arising under collective bargaining agreements negotiated thereunder, and as a result Employer’s refusal to arbitrate constituted an unfair labor practice.3

I

Employer asserts that it was not required under the Agreement to submit to grievance arbitration where it negotiated with the Association in good faith and reached the Agreement and processed the grievance through all steps of the grievance procedure and abided by the outcome. Employer argues that the Board’s decision was unreasonable, arbitrary and illegal and that it erred in concluding that this Court’s decision in West Lampeter Township v. Police Officers of West Lampeter Township, 143 Pa.Cmwlth. 226, 598 A.2d 1049 (1991), appeal denied, 531 Pa. 658, 613 A.2d 562 (1992), is no longer good law in light of Pottstown Police Officers’ Association v. Pennsylvania Labor Relations Board, 160 Pa.Cmwlth. 87, 634 A.2d 711 (1993) (en banc), and it further argues that the Board erred in concluding that a statutory duty to arbitrate grievances has been recognized by the Courts.

A brief review of the history of the existing public sector labor statutes is instructive. In 1967, Article III, § 31 of the Pennsylvania Constitution was amended to permit enactment of statutes that incorporate the use of binding arbitration and collective bargaining in the public sector because previously the constitutional scheme did not permit public employers to delegate responsibilities through collective bargaining agreements or binding arbitration awards. Harney v. Russo, 435 Pa. 183, 255 A.2d 560 (1969). Shortly thereafter Act 111 was enacted, which eon-ferred the right to collective bargaining upon police and firefighters but withheld the right to strike because of the crucial services they performed. Township of Moon v. Police Officers of the Township of Moon, 508 Pa. 495, 498 A.2d 1305 (1985). To resolve bargaining impasses in the absence of the employees’ ability to strike as an economic weapon, Act 111 included a mandate to employers to engage in binding interest arbitration pursuant to the procedures specified therein. Id.

The legislature next enacted the Public Employee Relations Act, Act of July 23, 1970, P.L. 563, as amended, 43 P.S. §§ 1101.101-1101.2301, commonly known as “Act 195”, which conferred the right to bargain collectively on the remaining public employees. Because their services were not as critical to public safety and welfare, the legislature conferred a limited right to strike and an interest arbitration procedure that is voluntary rather than mandatory. Moon. However, Act 195 withheld the right to strike from guards at prisons and mental hospitals and court employees, and it mandated binding interest arbitration because these employees’ services are more critical to public safety and welfare. Sections 805 and 1001 of Act 195, 43 P.S. §§ 1101.805 and 1101.1001; Moon. Also in Act 195, the legislature included an express mandate in Section 903, 43 P.S. § 1101.903, that parties must include binding arbitration as a final step in any contractual grievance procedure.4

The Board reasoned that the legislature incorporated a similar mandate in Act 111, and relied in part on the following language set forth in Section 4:

(a) If in any case of a dispute between a public employer and its policemen or firemen employes the collective bargaining process reaches an impasse and stalemate, or if the appropriate lawmaking body does [601]*601not approve the agreement reached by collective bargaining, with the result that said employers and employes are unable to effect a settlement, then either party to the dispute, after written notice to the other party containing specifications of the issue or issues in dispute, may request the appointment of a board of arbitration....

43 P.S. § 217.4(a). Section 4 specifically addresses the subject of interest arbitration and contains no directions concerning grievance arbitration or its procedures. Pennsylvania State Police v. Pennsylvania State Troopers Association (Betancourt), 540 Pa. 66, 656 A.2d 83 (1995); Moon.

The Board concluded that various Supreme Court decisions, including Chirico v. Board of Supervisors for Newton Township, 504 Pa. 71, 470 A.2d 470 (1983), Moon and Betancourt, and this Court’s decisions particularly in Pottstown and in Upper Providence Township v. Buggy, 100 Pa.Cmwlth. 389,

Related

Northern Berks Regional Police Commission v. Berks County FOP, Lodge 71
196 A.3d 715 (Commonwealth Court of Pennsylvania, 2018)
City of Philadelphia v. Pennsylvania Labor Relations Board
772 A.2d 460 (Commonwealth Court of Pennsylvania, 2001)
Pennsylvania State Troopers Ass'n v. Pennsylvania Labor Relations Board
761 A.2d 645 (Commonwealth Court of Pennsylvania, 2000)
Upper Makefield Township v. Pennsylvania Labor Relations Board
717 A.2d 598 (Commonwealth Court of Pennsylvania, 1998)

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717 A.2d 598, 159 L.R.R.M. (BNA) 2164, 1998 Pa. Commw. LEXIS 673, Counsel Stack Legal Research, https://law.counselstack.com/opinion/upper-makefield-township-v-pennsylvania-labor-relations-board-pacommwct-1998.