35 Pa. Commw. 347 | Pa. Commw. Ct. | 1978
Opinion by
This is a petition for review of an arbitration award ordering the reinstatement of David L. Clowes (Clowes) to his position as an employe of the Commonwealth of Pennsylvania, Bureau of Employment Security (Commonwealth). Since the arbitrator’s award was based on a reasonable interpretation of an agreement between the Commonwealth and the Joint Bargaining Committee of Pennsylvania Employment Security Employes Association and the Pennsylvania Social Services Union (Union), we must deny the petition and affirm the award.
Between July 1, 1975 and July 21, 1975, certain of the various employes represented by the Union were
On August 6, 1975, Clowes was discharged by the Commonwealth for the July 8 incident. On August 14, 1975, the Commonwealth and the Union signed a collective bargaining agreement and a ‘ ‘ Letter of Understanding.” The Letter of Understanding contained the following “amnesty clause”:
There shall be no disciplinary action initiated by the Employer against employes in this bargaining unit for strike activities during the period of time between July 1, 1975 to July 21, 1975.
The amnesty does not apply to any employe who committed crimes or misdemeanors. (Emphasis added.)
When' the Commonwealth - refused to reinstate Clowes, the Union filed a grievance, contending that the amnesty clause of the Letter of Understanding had been violated.
Our scope of review of this arbitration award is governed by Sections 10 and 11 of the Act of April 25, 1927,'P.L. 381, No. 248, as'dmended (Arbitration1 Act), 5 KS. §§170, 171. See Community College of Beaver County v. Community College of Beaver County, Society of the Faculty (PSEA/NEA), 473 Pa. 576, 375 A.2d 1267 :(1977). Where the arbitrator’s task has been to interpret the agreement between the parties to a dispute, the Arbitration'Act establishes a scope of review equivalent to1 the “essence test” utilized in the federal courts. See County of Allegheny v. Allegheny County Prison Employees Independent Union, 476 Pa. 27, 381 A.2d 849 (1977); Community College of Beaver County, supra. Thus,.an arbitrator’s interpretation of a labor, agreement- must be upheld- if if can in any rational way be derived from the agreement, viewed in light of its language, its context, and any other indicia of the-, parties? intention. Ludwig Honold Mfg.
Before the arbitrator, the Commonwealth’s major contention was that a summary offense was a “crime” within the meaning of the Crimes Code, 18 Pa. C.S. §106(a), and was therefore a “crime or misdemeanor” within the meaning of the amnesty clause. Whether or not a summary offense is indeed a “crime” within the meaning of the Crimes Code,
While a different interpretation of the clause may have been possible, we cannot hold that this arbitrator’s interpretation was unreasonable in light of the above considerations.
Order
And Now, this 19th day of May, 1978, the award of Samuel H. Jaffee, Arbitrator, under date of March 14, 1977, in the above-captioned case, is hereby affirmed.
There was some indication that Clowes also cut the telephone lines while he was in the office. Clowes and the Union denied this, however, and the arbitrator chose to accept the Union’s version of the facts.
The Commonwealth and the Union agree that the'propriety of Clowes’ discharge is governed by the Letter of Understanding.
It is not clear whether or not a summary offense is a “crime” within the meaning of 18 Pa. C.S. §106. That section is entitled “Classes of Offenses.” Subsection (a) provides that an offense for which a sentence of imprisonment is authorized constitutes a crime. A summary offense is punishable by a term of imprisonment not to exceed 90 days (18 Pa. C.S. §1105). However, subsection (a), in enumerating the “classes of crimes,” enumerates only murder, felonies and misdemeanors. Summary offenses are defined separately in subsection (c). Arguably, then, 18 Pa. C.S. §106 creates two classes of offenses: (1) crimes, which are subclassified as murder, felonies and misdemeanors, and (2) summary offenses. But see Interest of Golden, 243 Pa. Superior Ct. 267, 365, A.2d 157 (1976).