74 Pa. Commw. 445 | Pa. Commw. Ct. | 1983
Opinion by
Bristol Township. Education Association (Association) has brought this appeal from an order of the Court of Common Pleas of Bucks .County vacating an arbitrator’s award which had sustained the grievances of Carolyn Pachuki, Edwin Phillips and G. Wesley Frazier (Grievants).
Grievants are professional employee teachers of the Bristol Township ¡School District (School District). Grievants took approved sabbatical leaves at various times during ¡the 1979-1980 ¡and 1980-1981 school years. Upon their return, each Grievant was assigned by the School District to a different school, and in two oases a different grade, from that in which .they taught prior to their sabbaticals. The arbitrator concluded that, in light of the School District’s admission that had Grievants not taken a sabbatical they would have remained at their same school and position, the action of the School District constituted an improper
On appeal, the Common Pleas Court determined that the question of sabbatical leave was entirely outside the collective bargaining agreement and therefore the assignment of Grievants to different schools upon their return from leave was not arbitrable.
Our Supreme Court has consistently reminded us of the very narrow scope of review given to the judiciary over arbitration awards. The arbitrator’s decision may not be overturned so long as it .draws its ‘ ‘ essence” from the Collective bargaining agreement. Leechburg Area School District v. Dale, 492 Pa. 515, 517, 424 A.2d 1309, 1312 (1981). S.o long as the subject matter of the dispute is encompassed within the agreement, the validity of the arbitrator’s interpretation is not a proper subject for review. Id. Furthermore, the broad deference given to the arbitrator’s decision applies equally to his determinations regarding .the arbitrability of the subject matter of the grievance. Scranton Federation of Teachers, Local 1147 v. Scranton School District, 498 Pa. 58, 65, 444 A.2d 1144, 1147 (1982). In this regard,' the following language from County of Allegheny v. Allegheny County Prison Employees Independent Union, 476 Pa. 27, 31-32, 381 A.2d 849, 851 (1977) (footnotes omitted), is particularly relevant:
*448 Pennsylvania labor policy not only favors but requires the .submission to arbitration of public employee grievances “arising out of .the interpretation of the provisions of a collective bargaining agreement.” ¡See also Lincoln System of Education v. Lincoln Association of University Professors, 467 Pa. 112, 354 A.2d 576 (1976). From this policy is derived the corollary principle that where, as here, an arbitrator has interpreted a .collective bargaining agreement in favor of the .arbitrability of the grievance before him, a reviewing court should be slow indeed to disagree.
In this case, .the collective bargaining agreement provides for the arbitration of grievances involving the “interpretation of the provisions of this agreement. ’ ’ Here the arbitrator determined that the statutory right
The order of the Court of Common Pleas of Bucks County, No. 81-06341-14-6, dated May 20,1982, is hereby reversed and the award of the arbitrator is hereby reinstated.
The Common Pleas Court opinion refers only to the grievances of Pachuki and Frazier. Our examination of the record has not disclosed any waiver of Mr. Phillips’ rights in this matter and we shall therefore also include his case in this appeal.
As opposed to a junior high school to which the School District sought to assign her.
Sections 1166 and 1168 of Uhe Public School Code of 1949, (Public School Code), Act of March 10, 1949, P.L. 30, as amended, 24 P.S. §§11-1166 — 1168.
In light of the collective bargaining agreement’s definition of disciplinary action as including the reduction of an employe benefit, our decision in Neshaminy Federation of Teachers v. Neshaminy School District, 59 Pa. Commonwealth Ct. 63, 428 A.2d 1023 (1981), petition for allowance of appeal granted, No. 81-3-460 (Pa. September 10, 1981), is dearly distinguishable. In Neshammy, the contract provided for arbitration when an employe was disciplined, without defining .the term discipline, and we held that a teacher’s discharge was not encompassed within that .provision.
And a matter 'which the Common Pleas Court failed to consider in its decision.
We certainly recognize and appreciate the School District’s concern that the arbitrator’s award would put Grievants in a better position, transfer-wise, than their fellow ¡teachers. However, 'this point was brought to the attention of the arbitrator. In a letter of clarification written at the request of the parties, the arbitrator stated, in regard to the question of whether Grievants must be returned to teach the same grade they had taught previously, when Section 1168 of the Public School Code requires the return to the "same position”:
*450 The language of the Award is not ambiguous. It requires a return to the same “grade”. No “clarification” is really required. However, I want to add that the decision is for the facts of this case. I am not certain what decision would toe reached were the facts somewhat different. Here the administration honestly concedes that but for the sabbatical leaves', the grievan'ts would not have been affected by any’reassignments. I viewed this as an impingement on guaranteed sabbatical rights in this case. In effect, the teachers were penalized by going on sabbatical. Therefore, in this case I am obliged to conclude that “position” means “the same grade”. (Emphasis by arbitrator.)