Neshaminy School District v. Neshaminy Federation of Teachers
2014 Pa. Commw. LEXIS 47
| Pa. Commw. Ct. | 2014Background
- Tara Buske, a tenured Neshaminy School District teacher, was arrested for retail theft in Dec. 2010; charges later resolved by ARD and expungement-related proceedings.
- District sent a July 8, 2011 notice charging immorality and scheduling a Section 1127 School Board hearing for July 28, 2011; the notice warned that failure to request the hearing would “constitute a waiver of your statutory, contractual and constitutional rights.”
- Buske (with counsel) attended the July 28 board meeting but did not present evidence; afterwards Union counsel notified the District that Buske intended to pursue a grievance arbitration instead and that the Board proceeding should be discontinued.
- The School Board voted on Aug. 23, 2011 to terminate Buske; she appealed to the Secretary of Education (preserving her grievance right), and the Union filed a grievance; the arbitrator denied the District’s motion to dismiss for lack of arbitrability and later reinstated Buske with a one-year unpaid suspension.
- The Secretary of Education later affirmed the Board’s dismissal; the District then petitioned to vacate the arbitration award. The trial court denied the petition; the Commonwealth Court reversed.
Issues
| Issue | Buske's Argument | Neshaminy School Dist.'s Argument | Held |
|---|---|---|---|
| Whether Buske’s attendance at the School Board hearing waived her contractual right to arbitrate | Attendance was passive and induced by a misleading notice; no knowing, deliberate election to pursue statutory remedy | Attendance (and requesting the Section 1127 hearing) effected an election of remedies, divesting arbitrator of jurisdiction | Court held attendance/requesting hearing amounted to election of statutory remedy; arbitrator lacked jurisdiction |
| Whether the District’s hearing notice was legally defective or misleading | Notice’s gratuitous warnings mischaracterized rights and induced election; confusing so election not knowing | Notice complied with Section 1127 and provided required information; no preserved challenge at the Board hearing | Court deferred to Secretary of Education’s adjudication that notice met statutory requirements and found arbitrator should have awaited Secretary’s decision |
| Whether arbitrator should have stayed/arbitrate while Secretary resolved appeal of Board action | Arbitrator could decide jurisdiction and proceed; Union relied on procedural posture | Arbitrator should have held grievance in abeyance while Secretary decided the Board appeal; Secretary’s final adjudication is binding | Court held arbitrator erred by proceeding instead of deferring to Secretary; Jackson controls that unappealed Secretary rulings are not collaterally attacked |
| Whether arbitration award must be vacated given conflicting Secretary adjudication | Award valid if arbitrator had jurisdiction; merits supported reinstatement | Conflicting Secretary decision nullifies arbitration if arbitrator lacked jurisdiction | Court reversed trial court and vacated arbitration award on jurisdictional grounds |
Key Cases Cited
- Department of Education v. Oxford Area School District, 24 Pa.Cmwlth. 421, 356 A.2d 857 (Pa. Cmwlth. 1976) (school dismissal procedures must be strictly followed; procedural deviations can violate due process)
- In re Swink, 132 Pa.Super. 107, 200 A. 200 (Pa. Super. 1938) (fatal procedural defects in dismissal proceedings render dismissal illegal)
- Township of Falls v. Whitney, 730 A.2d 557 (Pa. Cmwlth. 1999) (employee’s choice of statutory hearing constitutes election of remedies barring later grievance arbitration)
- Jackson v. Centennial School District, 509 Pa. 101, 501 A.2d 218 (Pa. 1985) (employee who receives an adverse Secretary of Education decision must appeal under the School Code and cannot collaterally attack an unappealed Secretary decision)