2010 Pa. Dist. & Cnty. Dec. LEXIS 671
Pennsylvania Court of Common P...2010Background
- LIU petitioned to vacate an arbitrator’s award dated July 15, 2010, sustaining two grievances filed by LIU school nurses Reino and Siracuse.
- Nurses were assigned to cover absent colleagues’ caseloads from Oct 2008, traveling to other buildings as needed without substitutes for their own caseloads.
- Grievants remained responsible for their own students while also handling the absent nurses’ caseloads, effectively being on call for two workloads.
- Grievants kept contact via cell phones and were required to make immediate nursing decisions even when away from their regular sites.
- Arbitrator Skonier held that compensatory time was due under Article XVI, §J of the CBA, because grievants covered absent duties in addition to their own.
- LIU challenged the award on PERA managerial prerogatives, CBA interpretation, and the scope of the compensatory time provision; the court reviewed under the Essence Test.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the award is within the CBA and triggers compensatory time | LIU | LIU | Award within CBA; compensatory time applies |
| Whether the arbitrator’s interpretation can be derived from the CBA | LIU | LIU | Yes; rationally derived from the CBA |
| Whether reviewing court should overturn under Essence Test | LIU | LIU | Court defers to arbitrator if rationally connected to CBA; uphold award |
| Whether the award improperly limits managerial prerogatives under PERA | LIU | LIU | Award does not improperly limit prerogatives; respects CBA terms |
| Whether the nurses could be in two places at once under the CBA | LIU | LIU | Location not required by provision; second duties trigger compensatory time |
Key Cases Cited
- Westmoreland Intermediate Unit #7 v. Westmoreland Intermediate Unit #7 Classroom Assistants Educational Support Personnel Association, PSEA/NEA, 595 Pa. 648 (2007) (Essence Test framework for PERA arbitration review)
- State System of Higher Education v. State College University Professional Association (PSEA/NEA), 560 Pa. 135 (1999) (Essence Test standard; deferential review of arbitration awards)
- Community College of Beaver County v. Community College of Beaver County Society of Faculty (PSEA/NEA), 473 Pa. 576 (1977) (Arbiter review limited to contract interpretation and rational flow from CBA)
- Danville Area School District v. Danville Area Education Association, PSEA/NEA, 754 A.2d 1258 (2000) (CBA language covering compensatory time for dual duties)
- Cheyney University v. State System of Higher Education, PSEA-NEA, 560 Pa. 135 (1999) (Essence Test articulates scope of arbitration review)