Upper St. Clair Education Ass'n v. Upper St. Clair School District

576 A.2d 1176, 133 Pa. Commw. 502, 1990 Pa. Commw. LEXIS 341
CourtCommonwealth Court of Pennsylvania
DecidedJune 20, 1990
DocketNo. 1512 C.D. 1989
StatusPublished

This text of 576 A.2d 1176 (Upper St. Clair Education Ass'n v. Upper St. Clair School District) 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 St. Clair Education Ass'n v. Upper St. Clair School District, 576 A.2d 1176, 133 Pa. Commw. 502, 1990 Pa. Commw. LEXIS 341 (Pa. Ct. App. 1990).

Opinion

COLINS, Judge.

Upper St. Clair Education Association (Association) appeals an order of the Court of Common Pleas of Allegheny County, which vacated the arbitrator’s award and sustained an action of the Upper St. Clair School District (School [504]*504District) denying benefits to Edward A. Rusciolelli (grievant). We reverse.

Grievant was employed as a teacher by the School District for about 22 years. The Association is the certified collective bargaining representative for grievant and other professional employees of the School District. The School District and the Association were parties to a collective bargaining agreement (agreement), which was entered into on December 15, 1983, and which expired on the first day of teacher responsibility of the 1986-87 school year. Article XV of the agreement, the subject of this appeal, sets forth the provisions of the Professional Assistance and Development Program (program), which was designed to encourage early retirement in order to provide additional job openings. Article XV of the agreement reads as follows:

A. A professional employee who wishes to participate in the Professional Assistance and Development Program and notifies the Superintendent and the Association by November 15th of the year in which he/she will enroll in the program will earn compensation as follows: This plan is only available to professional staff members who have ten or more years of service as a teacher in the Upper St. Clair School District and are age 55 or over at the time of retirement, or have twenty years or more of credited service in the PPSERS (Retirement System) and are age 50 or over at the time of retirement.
An amount equal to $2500 for each of the consecutive three school years. For two-year programs the Professional Assistance and Development Program compensation earned will be $2500 for each of the consecutive two years. If the staff member chooses a one-year program, the compensation earned will be $2500 for the year.
The Assistance and Development Program will consist of a maximum of twelve days of professional assignments each year made by the building principal before, during or after the normal school year, such times to be mutually agreed upon. If a professional staff member is un[505]*505able to complete the program, the staff member may withdraw not later than January SI of the year preceding the year in which the Professional Assistance and Development Program is to be completed. The School District will be reimbursed for the funds previously paid by payroll deduction in equal monthly installments February through June. This reimbursement shall include all District expenses less the compensation rate stated in Article XVI, Section F for work completed.
B. Summarization of the Five (5) Year Plan which covers the school years 1983-84 to 1987-88 and may be extended by mutual agreement.
Professional staff members may choose, during the life of this agreement, to participate in any of the following options during the next five years:
(1) participate during the last three (3) years of employment by providing notification by November 15th of the year the employee wishes to begin participation
(2) participate during the last two (2) years of employment by providing notification by November 15th of the year the employee wishes to begin participation
(3) participate during the last year of employment by providing notification by November 15th of that year
(4) participate only in the Medical-Dental Provisions.
C. Medical-Dental Provisions
The School District will provide hospitalization, Major-Medical, Dental and Pro-rated Prescription Drug until the employee becomes eligible for Medicare/Medicaid, for the appropriate plan (family or husband/wife, individual) in effect at the time of retirement. The employee will pay any cost increase.

(Emphasis added.)

On December 19, 1983, grievant submitted a letter to the School District in which he elected to participate in the program for a three-year period, i.e., the 1983-84, 1984-85 [506]*506and 1985-86 school years.1 Article XV(B)(1). In accordance with the program, grievant’s resignation was accepted by the School Board on January 10, 1984, not to become effective until September of 1986. However, after completion of one year of the three-year program, grievant resigned from employment, his last day of work being November 28, 1984.2 The School District determined that because grievant did not complete all three years of the program, he was not entitled to the medical and dental benefits provided for, nor the $2,500 for the (1983-84) year of work which he had completed.

The Association filed a grievance on January 31, 1985, which proceeded to arbitration. On September 13, 1985, the arbitrator issued his opinion ordering the School District to pay to grievant $2,500 for one year’s successful participation in the program, and to reimburse grievant for both the cost of insurance premiums paid by him, as well as for any medical bills which would have been covered under the program. Finally, the arbitrator ordered that grievant be reinstated as a full participant with all entitlements under Article XV(B)(3)3 of the agreement.

The School District appealed and the trial court vacated the arbitrator’s award, concluding that the plain language of Article XV required that grievant complete all three years of the program in order to qualify to receive the benefits. The trial court reasoned that because Article XV provides with specificity the means by which the School District will recoup, through payroll deductions, any funds [507]*507paid out as bonuses to teachers who do not complete the entire program, it is clear that the School District is meant to be fully reimbursed for deficient performance on the part of a teacher. This appeal ensued.

The Association raises three issues for our review: (1) whether the trial court erred as a matter of law by reviewing the merits of this dispute; (2) whether the trial court committed error by considering and relying upon matters outside the record; and (3) whether the trial court erred by misapplying the essence test in vacating the arbitration award.

Our scope of review of arbitration awards is very narrow in that an arbitrator’s decision may not be disturbed so long as it draws its essence from the collective bargaining agreement. North East Education Assn. v. North East School District, 117 Pa. Commonwealth Ct. 19, 542 A.2d 1053 (1988). Further, an arbitrator is the interpreter of terms of the collective bargaining agreement and his decision is entitled to great deference. Greater Johnstown Area Vocational-Technical School v. Greater Johnstown Area Vocational-Technical Education Assn., 520 Pa. 197, 553 A.2d 913 (1989).

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Related

County of Centre v. Musser
548 A.2d 1194 (Supreme Court of Pennsylvania, 1988)
North East Education Ass'n v. North East School District
542 A.2d 1053 (Commonwealth Court of Pennsylvania, 1988)

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576 A.2d 1176, 133 Pa. Commw. 502, 1990 Pa. Commw. LEXIS 341, Counsel Stack Legal Research, https://law.counselstack.com/opinion/upper-st-clair-education-assn-v-upper-st-clair-school-district-pacommwct-1990.