41 Pa. Commw. 121 | Pa. Commw. Ct. | 1979
Memorandum Opinion by
We have before ns a motion for a preliminary injunction filed by the petitioner Richard Burchfield, who has been employed as a Vocational Education Advisor in the Department of Education (Department). He asks us to enjoin the Department from terminating his employment until the conclusion of grievance proceedings initiated by him pursuant to a collective bargaining agreement.
The equity jurisdiction of this Court is to be found in traditional concepts of equity jurisdiction. Pennsylvania Human Relations Commission v. U. S. Steel Corp., 10 Pa. Commonwealth Ct. 408, 311 A.2d 170 (1973). We are therefore precluded from exercising such jurisdiction in the form of injunctive relief if we find that an adequate remedy exists at law. Flaherty v. School Directors of Eastern School District, 17 Pa. Commonwealth Ct. 637, 334 A.2d 310 (1975).
In the present case, the petitioner is a member of a union which has entered into a Collective Bargaining Agreement with the Commonwealth. This agreement sets forth a grievance procedure to be followed when a dispute or grievance arises concerning the ap
Furthermore, the policy of favoring arbitration as embodied in the Public Employe Relations Act,
Haying concluded that the petitioner has an adequate remedy under the Collective Bargaining Agreement and in light of the strong public policy favoring the pursuit of remedies under such agreement, the request for a preliminary injunction is denied.
Order
And Now, this 5th day of March, 1979, upon consideration of the Petition for Preliminary Injunction, and after hearing testimony and argument thereon, the preliminary injunction requested is hereby denied.
The petitioner is a member of the Federation of State Cultural and Educational Professionals which has entered into a Collective Bargaining Agreement with the Commonwealth of Pennsylvania effective November 2, 1978 to January 1, 1981.
Act of July 23, 1970, P.L. 563, 43 P.S. §1101.903.
The United States Supreme Court Las also adopted a presumption that all issues which are even arguably arbitrable should be resolved by the arbitrator rather than the court. See United Steelworkers v. Warrior & Gulf Nav. Co., 363 U.S. 574, 582-83.