103 A.3d 389
Pa. Commw. Ct.2014Background
- Borough of Gettysburg and Teamsters Local 776 dispute an interest arbitration award that granted 4% wage increases for 2011 to police officers, with the Borough seeking partial vacatur.
- CBA initially expired end of 2009; Union certified as police officers’ bargaining representative in Feb 2010 and began negotiations in June 2010.
- Arbitration list was prepared in 2010; Borough objected to the process, asserting Act 111 procedural deficiencies and nonparticipation in timely arbitration, but negotiations continued in good faith.
- Arbitration panel, chaired by Gifford, issued an August 17, 2011 award covering 2011–2013; dissent by Love contended lack of jurisdiction due to Act 111 noncompliance.
- Trial court found the arbitration panel lacked subject-matter jurisdiction for 2011 wage increases based on Union’s failure to timely provide written arbitration notice with issues and to comply with Act 111; Borough petition granted and award vacated to the extent of 2011 increases.
- Union appealed; the Commonwealth Court affirmed, holdi ng Act 111 time requirements are mandatory and noncompliance cannot be cured by negotiations or waiver.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Act 111 noncompliance strip arbitration jurisdiction? | Gettysburg | Teamsters | Yes; lack of timely written notice with issues voids jurisdiction |
| Can Borough waiver negate jurisdiction defect? | Gettysburg did not waive | Teamsters | No; waiver cannot cure jurisdictional defects |
| Should appellate review vacate the award for 2011 increases? | N/A | N/A | Affirmed trial court; arbitration lacked jurisdiction, so 2011 increases vacated |
Key Cases Cited
- City of Phila. v. Fraternal Order of Police, Lodge No. 5, 768 A.2d 291 (Pa. 2001) (arbitrator lacks jurisdiction over issues not in written arbitration notice)
- Int'l Ass'n of Firefighters, Local 463 v. City of Johnstown, 360 A.2d 197 (Pa. 1976) (time schedules in Act 111 are mandatory; dilatory procedures not excused)
- Town of McCandless v. McCandless Police Officers Ass'n, 901 A.2d 991 (Pa. 2006) (non-deferential review in narrow certiorari context)
- City of Washington v. Police Dep't of Washington, 259 A.2d 437 (Pa. 1969) (binding nature of arbitral findings under Article III, Section 31)
- Pa. State Park Officers Ass'n v. Pa. Labor Relations Bd., 854 A.2d 674 (Pa. Cmwlth. 2004) (Act 111 strict timetables; framework for arbitration)