Wayne Highlands Education Ass'n v. Wayne Highlands School District

498 A.2d 1375, 92 Pa. Commw. 114, 1985 Pa. Commw. LEXIS 1197
CourtCommonwealth Court of Pennsylvania
DecidedSeptember 26, 1985
DocketAppeal, No. 1846 C.D. 1984
StatusPublished
Cited by7 cases

This text of 498 A.2d 1375 (Wayne Highlands Education Ass'n v. Wayne Highlands 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
Wayne Highlands Education Ass'n v. Wayne Highlands School District, 498 A.2d 1375, 92 Pa. Commw. 114, 1985 Pa. Commw. LEXIS 1197 (Pa. Ct. App. 1985).

Opinion

Opinion by

Senior Judge Barbieri,

Wayne Highlands Education Association and Jennifer Bajoppi appeal here the order of the Wayne [116]*116County Court of Common Pleas vacating the arbitrator’s award which declared Rajoppi’s grievance arbitrable and directed the Wayne Highlands School District to offer Rajoppi the first available part-time or full-time regular teaching position for which she is certified.

Rajoppi was initially employed by the District during the 1980-81 school year as a per-diem substitute teacher. She substituted full-time for the entire 1981-82 school year. That summer a half-time teacher position became available and Rajoppi applied for the position. The successful candidate, not Rajoppi, had no prior teaching experience with the District. Article '26 of the collective bargaining agreement between the District and the Association provides that members of the bargaining unit shall be given first consideration in point of time in filling vacancies and that just cause will be given the current employee for not being hired for the position. Article 27 of the bargaining agreement provides in pertinent part that no professional employee shall be deprived of any professional advantage without just cause. Rajoppi filed a grievance with the District. The District challenged Rajoppi’s right to grieve under the terms of the agreement. The recognition clause of the collective bargaining agreement between the District and the Association identifies the Association as the exclusive representative for bargaining purposes of the District’s employees including classroom teachers, librarians, school nurses and school guidance counselors, and excluding supervisors, first level supervisors and confidential employees. Since full-time substitute teachers are not referenced in the recognition clause, the District asserted that Rajoppi could not pursue the, grievance procedure available to members of the bargaining unit by virtue of the collective bargaining [117]*117agreement negotiated by the Association on behalf of its members. In sum, the District argued that Rajoppi’s grievance was not arbitrable.

The arbitrator decided that, because Rajoppi was paid in accordance with the same salary schedule over the same period of time, performed the same type of work under the same conditions at the same location, worked the same hours and received the same employment benefits as other professional employees (teachers and others) unquestionably covered by the recognition clause of the bargaining agreement, and because Rajoppi had an expectancy of continued employment with the District, she was a member of the bargaining unit and her grievance was arbitrable.1 The arbitrator also found in favor of Rajoppi with regard to [118]*118Rajoppi’s contention that the District violated Articles 26 and 27 of the bargaining agreement. The arbitrator therefore sustained Rajoppi’s grievance and directed the District to offer Rajoppi the first available teaching position for which she is certified. The District thereafter appealed to the Common Pleas Court of Wayne County.

The common pleas court independently applied the unit clarification analysis set forth in Millcreck School District, of the Township of Millcreek v. Millcreek Education Association and Pennsylvania Labor Relations Board, 64 Pa. Commonwealth Ct. 389, 440 A.2d 673 (1982) to Rajoppi’s circumstances and determined that since Rajoppi, in the court’s view, did not have an -expectancy of continued employment at the time her grievance arose, she was not properly included in the bargaining unit and, hence, her grievance was not arbitrable.

The Association appealed the common pleas court’s order to this court and, on appeal, the Association argues that the common pleas court cannot substitute its judgment for that of the arbitrator on arbitrability disputes and. that the court had no authority to reinterpret the bargaining agreement on the question of Rajoppi’s membership in the bargaining unit. The Association also argues that the arbitrator may make a reasonable interpretation of the scope of discretion of an employer in filling vacancies and that the arbitrator was -within his -authority in ordering the District to offer Rajoppi the next available teaching position.

The reviewing court’s limited role with respect to the issue of arbitrability in the instant case is to determine whether the question of Rajoppi’s membership in the bargaining unit arguably requires interpretation of a provision in the collective bargaining agree[119]*119ment. If the issue is one arguably addressed by the bargaining agreement then arbitration is required. Ringgold School District v. Abramski, 57 Pa. Commonwealth Ct. 33, 426 A.2d 707 (1981). Section 903 of PERA explicitly provides, “Arbitration of disputes or grievances arising out of the interpretation of the provisions of a collective bargaining agreement is mandatory.” 43 P.S. §1101.903 (emphasis added). As we stated in East Pennsboro Area School District v. Pennsylvania Labor Relations Board and East Pennsboro Area Education Association, 78 Pa. Commonwealth Ct. 301, 467 A.2d 1356 (1983):

. . . By allowing the employer to unilaterally refuse to submit a dispute to arbitration would in effect allow the employer’s interpretation to control. While the PLRB has statutory authority to determine questions of arbitrability when it decides an unfair labor practice has been committed by a refusal to arbitrate, the Supreme Court has made clear that questions of arbitrability must first be submitted to an arbitrator and that any refusal to arbitrate a dispute concerning a collective bargaining agreement is per se an unfair labor practice.
The reluctance of various public employers to submit disputes to arbitration evidently centers on the limited scope of judicial review from an arbitrator’s decision. . . .

78 Pa. Commonwealth Ct. at 308-309, 467 A.2d at 1359-60.

Our Supreme Court in Leechburg Area School District v. Dale, 492 Pa. 515, 424 A.2d 1309 (1981), pointed out that review of an arbitrator’s decision is highly circumscribed and will not be overturned if it draws its essence from the collective bargaining agreement.

[120]*120The essence test requires a determination as to. whether the terms of the agreement encompass the subject matter of the dispute.
Where it is determined that the subject matter of the dispute is encompassed within the terms of the agreement, the validity of the arbitrator’s, interpretation is not a matter of concern to the court. •

Leechburg, 492 Pa. at 520-521, 424 A.2d at 1312-13. The broad judicial deference given arbitrator’s awards applies with equal force to determinations regarding the arbitrability of a grievance. Scranton Federation of Teachers v. Scranton School District, 498 Pa. 58, 444 A.2d 1144 (1982).

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498 A.2d 1375, 92 Pa. Commw. 114, 1985 Pa. Commw. LEXIS 1197, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wayne-highlands-education-assn-v-wayne-highlands-school-district-pacommwct-1985.