City of Bradford v. Teamsters Local Union No. 110
2011 Pa. Commw. LEXIS 287
| Pa. Commw. Ct. | 2011Background
- Taylor, a City of Bradford refuse collector, was found to have stolen $239 from a purse discarded in trash; the purse had earlier contained $800 and belonged to a third party; the City discharged him for theft under the Disciplinary Schedule and CBA; union grieved and arbitration reduced the dismissal to a long-term suspension without back pay or benefits; the trial court and reviewing court upheld the arbitrator under the Westmoreland I public policy framework; the City appeals seeking vacatur of the award; the dissent would vacate on public policy grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Westmoreland I public policy exception applies. | City contends award violates public policy against theft. | Union argues essence test with mitigating factors supports award. | Public policy exception applied; award affirmed. |
| Whether on-the-job theft by a public employee implicates a well-defined public policy. | Theft by employee undermines public health, safety and welfare policy. | Public policy exception requires substantial balance with award and factors. | Yes, theft implicates well-defined public policy. |
| Whether the arbitrator properly weighed mitigating factors in reducing the penalty. | Mitigation improperly lessens punishment for theft. | Arbitrator may consider prior good history, isolated incident, restitution. | Mitigation properly weighed; award stands. |
Key Cases Cited
- Westmoreland Intermediate Unit #7 v. Westmoreland IU #7 Classroom Assistants Educ. Support Personnel Assoc., PSEA/NEA, 595 Pa. 648 (Pa. 2007) (rejected core functions, adopted public policy exception to essence test)
- City of Easton v. American Federation of State, County & Municipal Employees, AFL-CIO, 562 Pa. 438 (Pa. 2000) (public employer cannot bargain away right to terminate employee who steals)
- Greene County v. District 2, United Mine Workers of America, 578 Pa. 347 (Pa. 2004) (public employer’s duty to health, safety, welfare of communities)
- Liquor Control Board v. Independent State Stores Union, 520 Pa. 266 (Pa. 1989) (public policy against theft continues to govern terminations in public sector)
- City of Bradford v. Teamsters Local Union No. 110, 25 A.3d 408 (Pa. Cmwlth. 2011) (public policy framework applied to uphold/overturn arbitral awards involving theft)