Upper Merion Area School District v. Teamsters Local 384
165 A.3d 56
| Pa. Commw. Ct. | 2017Background
- Grievant (Sheena Boone-East) was a school bus driver for Upper Merion Area School District and a member of Teamsters Local #384 under a CBA effective July 1, 2011–June 30, 2016.
- Random drug test after a morning run on June 12, 2013 produced a positive amphetamine result; Grievant said she took her son’s Adderall on June 9 to see its effects.
- District suspended and moved to terminate Grievant for violating the CBA drug/alcohol policy and Board Policy 810.1; Union pursued the CBA grievance/arbitration process.
- Arbitrator found violation of policy but concluded termination was too severe given (1) single, nonrecreational use, (2) no evidence Grievant was impaired while driving students, and (3) DOT rules do not mandate termination — ordered reinstatement with conditions (SAP evaluation, return-to-duty and follow-up tests) and back pay.
- Trial court denied the District’s petition to vacate the award; Commonwealth Court affirmed, applying the deferential "essence" test and the three-step public-policy inquiry.
Issues
| Issue | Plaintiff's Argument (District) | Defendant's Argument (Union/Grievant) | Held |
|---|---|---|---|
| Whether the arbitrator’s award violates a well-defined public policy protecting children from illegal drug exposure | Reinstatement tolerates illegal drug use by a driver of children and undermines safety policy; public-policy exception should vacate award | Award imposes safeguards (SAP, return-to-duty, follow-ups); single, nonrecreational use and no impairment mean award does not risk public policy | Court held award does not violate public policy under the City of Bradford three-step test; factual findings limit risk of undermining policy |
| Whether award draws its essence from the CBA (i.e., arbitrator exceeded contractual scope) | CBA §16.1(3) reserves right to suspend/discharge employees under influence; arbitrator improperly substituted lesser discipline | CBA does not expressly bar arbitrator from modifying discipline; arbitrator’s modification is permitted absent express limitation | Court held award rationally derived from CBA; arbitrator authorized to modify discipline where contract lacks explicit exclusive disciplinary grant |
| Whether the award conflicts with District’s statutory authority under School Code §5-514 to remove employees for improper conduct | Statutory removal power means reinstatement improperly intrudes on statutory authority and public-safety duties | Parties elected grievance/higher-step contract remedies instead of pursuing §5-514 removal; arbitrator’s factual findings do not show similar egregious misconduct | Court held arbitrator’s factual findings (no evidence of impairment) preclude finding statutory-right infringement; proceeding under CBA was controlling |
| Whether arbitrator exceeded jurisdiction by ordering reinstatement and full back pay after on-duty positive test | Reinstatement with back pay is beyond arbitrator’s authority given the positive on-duty test | Remedy (reinstatement/back pay) was squarely before arbitrator as response to whether termination was for just cause | Court held arbitrator did not exceed authority; remedy was within arbitral scope and consistent with the arbitrator’s role |
Key Cases Cited
- Blairsville-Saltsburg School District v. Blairsville-Saltsburg Education Ass'n, 102 A.3d 1049 (Pa. Cmwlth. 2014) (arbitrator's reinstatement of rehabilitated employee did not violate public policy)
- Westmoreland Intermediate Unit #7 v. Westmoreland Intermediate Unit #7 Classroom Assistants Educ. Support Personnel Ass'n, PSEA-NEA, 72 A.3d 755 (Pa. Cmwlth. 2013) (vacating reinstatement where grievant’s drug use while on duty posed unacceptable risk to children)
- City of Bradford v. Teamsters Local Union No. 110, 25 A.3d 408 (Pa. Cmwlth. 2011) (articulating three-step public-policy test for vacating arbitral awards)
- State System of Higher Education (Cheyney Univ.) v. State College & Univ. Prof. Ass'n (PSEA-NEA), 743 A.2d 405 (Pa. 1999) (establishing deferential two-step "essence" test for review of arbitration awards)
- New Kensington-Arnold School District v. New Kensington-Arnold Educ. Ass'n, 140 A.3d 726 (Pa. Cmwlth. 2016) (applying essence test and public-policy review to school-district arbitration decisions)