Vo-Tech School v. Vo-Tech Educ. Ass'n

553 A.2d 913, 520 Pa. 197
CourtSupreme Court of Pennsylvania
DecidedFebruary 1, 1989
StatusPublished

This text of 553 A.2d 913 (Vo-Tech School v. Vo-Tech Educ. Ass'n) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Vo-Tech School v. Vo-Tech Educ. Ass'n, 553 A.2d 913, 520 Pa. 197 (Pa. 1989).

Opinion

520 Pa. 197 (1989)
553 A.2d 913

GREATER JOHNSTOWN AREA VOCATIONAL-TECHNICAL SCHOOL, Appellee,
v.
GREATER JOHNSTOWN AREA VOCATIONAL-TECHNICAL EDUCATION ASSOCIATION, Appellant.

Supreme Court of Pennsylvania.

Argued September 29, 1988.
Decided February 1, 1989.

*198 William K. Eckel, Johnstown, for appellant.

Marlin B. Stephens, Gary L. Costlow, Johnstown, for appellee.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA, PAPADAKOS and STOUT, JJ.

OPINION OF THE COURT

FLAHERTY, Justice.

This is an appeal from an order of the Commonwealth Court, 104 Pa.Cmwlth. 191, 521 A.2d 965, which reversed an order of the Court of Common Pleas of Cambria County, which, in turn, had upheld an arbitrator's decision regarding a grievance filed by the Greater Johnstown Area Vocational-Technical Education Association (hereinafter Association) on behalf of one of its members, Jill Ashcom. Ashcom was a tenured professional employee of the Greater Johnstown Area Vocational-Technical School (hereinafter School), working as a teacher in the Mathematics Department. Just *199 prior to commencement of the 1983-84 school year, Ashcom was notified that, due to declining school enrollment, she was being furloughed from her job. In response, a grievance was filed by the Association, and, ultimately, the matter was submitted to arbitration.

At issue in the arbitration proceeding was the method to be utilized in assigning furloughs. The School's position was that the pertinent collective bargaining agreement required that furloughs be made on the basis of departmental seniority. Since Ashcom was the least senior member of the Mathematics Department, and also of the French Department where she was similarly certified to teach, she was selected for furlough. The Association claimed, however, that furloughs were to be assigned on the basis of district-wide seniority, rather than departmental seniority. Under this approach, employment positions would have been reshuffled so that Ashcom would have retained her job as a mathematics teacher while another individual with less district-wide seniority would have been furloughed. The arbitrator ruled in favor of the Association, adopting the view that the furlough process must take into account district-wide seniority.

The sole issue presented in this appeal is whether the Commonwealth Court erred in overturning the arbitrator's decision. It is well settled that, in reviewing an arbitrator's interpretation of a collective bargaining agreement, broad deference is to be accorded the arbitrator's decision. Scranton Federation of Teachers, Local 1147 v. Scranton School District, 498 Pa. 58, 65, 444 A.2d 1144, 1147 (1982). This is due to the fact that the parties bargained for an arbitrator's interpretation, not a court's; hence, the mere fact that the agreement is subject to other interpretations does not warrant judicial intervention into the arbitrator's realm. Id., 498 Pa. at 65, 444 A.2d at 1147; Leechburg Area School District v. Dale, 492 Pa. 515, 520, 424 A.2d 1309, 1312 (1981).

The so-called "essence of the collective bargaining agreement" test has been frequently enunciated by this *200 Court as the standard governing judicial deference to arbitrators' decisions. Scranton, supra; Leechburg, supra. It requires that an arbitrator's interpretation be upheld if it can, in any rational way, be derived from the language and context of the agreement. Scranton, 498 Pa. at 64-65, 444 A.2d at 1147; Leechburg, 492 Pa. at 520, 424 A.2d at 1312; Ringgold Area School District v. Ringgold Education Association (PSEA/NEA), 489 Pa. 380, 383, 414 A.2d 118, 120 (1980); Community College of Beaver County v. Community College of Beaver County, Society of the Faculty (PSEA/NEA), 473 Pa. 576, 593-94, 375 A.2d 1267, 1275 (1977). When an issue, properly defined, is within the terms of a collective bargaining agreement and the arbitrator's decision can in a rational way be derived from the terms of the agreement, one can say that the decision draws its "essence" from the agreement, and reversal is not warranted even if a court believes that the decision, though rational, is incorrect. Leechburg, supra. See also Ringgold, supra; Scranton, supra; Philadelphia Housing Authority v. Union of Security Officers # 1, 500 Pa. 213, 216, 455 A.2d 625, 626-27 (1983) (arbitrator's "manifestly unreasonable," i.e., irrational, interpretation reversed).

Applying these standards to the present case, we believe the Commonwealth Court properly reversed the arbitrator's decision. There is no rational way in which the arbitrator, upon consideration of the provisions of the agreement, could have determined that district-wide seniority should govern the assignment of furloughs.

In Article V, Section B of the collective bargaining agreement, it is plainly stated that departmental seniority is controlling as to furloughs.

REDUCTION IN FORCE
If a reduction in force is to take place, the member of the department with the least Greater Johnstown Area *201 Vocational-Technical School seniority shall be the furloughed individual. In the case of individuals with multiple certifications, these individuals may transfer to another department and/or subject area in which they are properly certified and have school seniority over a member in that department and/or subject area.

(Emphasis added). Nevertheless, in determining that district-wide seniority rather than departmental seniority would play the predominant role in the furlough process, the arbitrator relied upon a savings clause set forth in Article XIII of the agreement:

STATUTORY SAVINGS CLAUSE
Nothing contained herein shall be construed to deny or restrict to any Professional Employe or the Joint Operating Committee such rights as he or it may have under the Public School Code of 1949 as amended, or the Public Employe's Relations Act, Act 195, or other applicable laws and regulations.

The arbitrator held that this clause, by incorporating the Public School Code of 1949 (hereinafter Code), served to bring into the collective bargaining agreement the furlough provisions contained in Section 1125.1 of the Code. In Section 1125.1(c), 24 P.S. § 11-1125.1(c), there is contained the following provision:

A school entity shall realign its professional staff so as to insure that more senior employes are provided with the opportunity to fill positions for which they are certificated and which are being filled by less senior employes.

(Emphasis added). See generally Gibbons v. New Castle Area School District, 518 Pa. 443,

Related

Philadelphia Housing Authority v. Union of Security Officers 1
455 A.2d 625 (Supreme Court of Pennsylvania, 1983)
Ringgold Area School District v. Ringgold Education Ass'n
414 A.2d 118 (Supreme Court of Pennsylvania, 1980)
Leechburg Area School District v. Dale
424 A.2d 1309 (Supreme Court of Pennsylvania, 1981)
Gibbons v. New Castle Area School District
543 A.2d 1087 (Supreme Court of Pennsylvania, 1988)
Welsko v. Foster Township School District
119 A.2d 43 (Supreme Court of Pennsylvania, 1956)
Scranton Federation of Teachers, Local 1147 v. Scranton School District
444 A.2d 1144 (Supreme Court of Pennsylvania, 1982)
Community College v. Community College, Society of the Faculty
375 A.2d 1267 (Supreme Court of Pennsylvania, 1977)
Arnold v. Board of School Directors
472 A.2d 283 (Commonwealth Court of Pennsylvania, 1984)

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