New Kensington-Arnold SD v. New Kensington-Arnold Education Association, PSEA/NEA
140 A.3d 726
| Pa. Commw. Ct. | 2016Background
- Joseph Melnick, a long‑time music teacher, was arrested in April 2013 on charges including misdemeanor possession of marijuana and drug paraphernalia and a misdemeanor weapons charge; he was suspended without pay pending investigation.
- The School District scheduled a Loudermill (pre‑termination) hearing but, at the Association’s request, agreed to postpone the hearing until after criminal proceedings; the Association explicitly acknowledged the postponement would not violate due process rights.
- After criminal trial, Melnick was acquitted of the weapons charge but received probation without verdict on the drug and paraphernalia counts; the School Board later terminated him for immorality in May/June 2014.
- Melnick (through the Association) pursued grievance arbitration under the CBA rather than a School Board hearing; the arbitrator found the School District violated Melnick’s due process and Public School Code rights (defective statement of charges issued by the superintendent and no hearing date) and ordered reinstatement with back pay to May 29, 2014.
- The School District petitioned to vacate the award arguing (1) the arbitrator exceeded authority because election of grievance made School Code procedures irrelevant, (2) Melnick waived Loudermill rights, (3) suspension without pay was justified by felony charge, and (4) reinstatement violates public policy; the trial court denied the petition and the Commonwealth Court affirmed.
Issues
| Issue | School District's Argument | Association/Melnick's Argument | Held |
|---|---|---|---|
| Whether arbitrator could order compliance with Public School Code once employee elects grievance | Election of grievance renders School Code dismissal procedures irrelevant to arbitration | CBA preserves Public School Code rights; deviations before election fall within grievance scope | Award draws essence from CBA; arbitrator could order cure (do‑over) to remedy statutory/procedural violations |
| Whether Melnick waived pre‑suspension (Loudermill) rights by agreeing to postponement | Association’s acknowledgment constituted waiver of Loudermill rights, negating back pay claim | The acknowledgment only agreed postponement would not itself violate due process; no waiver of claim for suspension without cause | No full waiver; arbitrator reasonably limited waiver to the postponement period and awarded two weeks' back pay |
| Whether suspension without a Loudermill hearing was permissible because of a felony charge | Suspension without pay justified where employee charged with felony | Weapons charge here was a misdemeanor (and later dismissed); no evidence suspension was justified by a felony | School District failed to show felony basis; Loudermill rights were violated for the suspension period |
| Whether reinstating a teacher convicted of drug offenses violates public policy | Reinstatement undermines public policy of protecting students from drug‑exposed staff; Westmoreland requires removal in such cases | Arbitrator remedied procedural violations; no public policy mandates non‑reinstatement for these misdemeanors absent risk to students | No public‑policy bar here: offences were misdemeanors, not listed as automatic disqualifiers, and facts did not show unacceptable risk; reinstatement upheld |
Key Cases Cited
- Cheyney University v. State College University Professional Association, 743 A.2d 405 (Pa. 1999) (articulates the "essence test" for reviewing arbitration awards)
- Board of School Directors of Abington School District v. Pittenger, 305 A.2d 382 (Pa. 1973) (requires strict compliance with Section 1127 statement of charges issued by school board)
- Flickinger v. Lebanon School District, 898 A.2d 62 (Pa. Cmwlth. 2006) (remedy for defective statutory hearing is a "do over" providing required process)
- Neshaminy School District v. Neshaminy Federation of Teachers, 84 A.3d 391 (Pa. Cmwlth. 2013) (summarizes strict compliance with Section 1127 procedures)
- Westmoreland Intermediate Unit #7 v. Westmoreland Intermediate Unit #7 Classroom Assistants, 72 A.3d 755 (Pa. Cmwlth. 2013) (arbitration reinstatement can violate public policy where employee posed direct risk to children due to on‑duty drug use)
- City of Bradford v. Teamsters Local Union No. 110, 25 A.3d 408 (Pa. Cmwlth. 2011) (three‑step public‑policy analysis for invalidating arbitration awards)