19 A.3d 29
Pa. Commw. Ct.2011Background
- Ray was a Brookville Area School District elementary school teacher for the 2008-2009 school year.
- April 23, 2009, the superintendent notified Ray she was under investigation for misuse of district technology and equipment.
- Investigative findings included unprofessional language in emails, an unprofessional relationship with the Director of Technology, and non-work activities during work hours.
- Ray received a Loudermill pre-termination hearing on May 15, 2009 and was suspended without pay.
- The Association filed a Level III grievance on May 22, 2009; arbitration occurred Sept. 9, 11, and 14, 2009, with the arbitrator ruling for the District on January 4, 2010.
- Ray asked the Association to appeal; the Association declined, Ray hired her own counsel, and appealed February 3, 2010 with Association intervention; the District moved to quash Ray’s appeal for lack of standing, which the trial court granted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the CBA grants Ray standing to appeal an arbitration award. | Ray asserts she may self-represent at all grievance stages, including appeals. | District/Association contend the Association, not Ray, decides appeals once arbitration is invoked. | Ray lacks standing; exclusive right to initiate arbitration includes the exclusive right to appeal. |
| Whether the representation clause affects standing to appeal. | Ray argues representation clause allows self-representation on appeal. | Clause does not confer standing to appeal; only initiation control is with the Association. | Representation clause does not override exclusive arbitration initiation right. |
| Whether Kozura, Bonifate, and Krenzelak govern the outcome. | Ray relies on Kozura-style analysis distinguishing from union-controlled appeals. | Krenzelak/Kozura guide, but here the CBA confers exclusive arbitration initiation to the Association. | Krenzelak controls; exclusive right to initiate arbitration includes the exclusive right to appeal. |
Key Cases Cited
- Krenzelak v. Canon-McMillan School District, 129 P a.Cmwlth. 490 (Pa. Cmwlth. 1989) (exclusive right to initiate arbitration includes exclusive right to appeal)
- Kozura v. Borough, 568 Pa. 64, 791 A.2d 1169 (Pa. 2002) (employee-initiation rights govern appeal rights; Kozura permits employee control over process when initiating arbitration)
- Bonifate v. Ringgold School District, 961 A.2d 246 (Pa.Cmwlth. 2008) (union may control arbitration initiation; Bonifate supports that absence of self-representation right does not allow appeal)
- McCluskey v. Department of Transportation, 37 Pa.Cmwlth. 598, 391 A.2d 45 (Pa.Cmwlth. 1978) (policy reasons to keep arbitration decisions within union control)