47 Pa. Commw. 508 | Pa. Commw. Ct. | 1979
Opinion by
Eobert Morrison (petitioner) seeks money damages because of an alleged breach of an employment contract by the Eespondent, the Pennsylvania State Police (State Police). He was an active employee of the State Police when he was placed on disability
The case is before us on preliminary objections of the State Police asserting a failure of the petitioner to exhaust his administrative remedies, the bar of the statute of limitations, and a general demurrer. The first preliminary objection contends that this Court may not grant damages arising out of contract except on review of a determination of the Board of Arbitration of Claims, pursuant to the arbitration of claims of 1937
Turning to the role of this Court under the Act of 1937, we note Section 4 of that Act which provides:
The Board of Claims shall have exclusive jurisdiction to hear and determine all claims against the Commonwealth arising from contracts hereafter entered into- with the Commonwealth, where the amount in controversy amounts to $300.00 or more.
72 P.S. §4651-4.
Even though this Court has original jurisdiction over suits against the Commonwealth, it is clear, therefore, that, if the contract in question falls under the Act of 1937, the case is within the exclusive jurisdiction of the Board of Arbitration of Claims. Vespaziani v. Department of Revenue, 41 Pa. Commonwealth Ct. 618, 396 A.2d 489 (1979).
As for the Act of 1927, our Supreme .Court in Pennsylvania Turnpike Commission v. Sanders & Thomas, Inc., 461 Pa. 420, 427, 336 A.2d 609, 613 (1975), indicated the appellate role of the courts when it summarized the procedure under the Act of 1927 as follows:
Suffice it to say the Act of 1927 provides for the adhoc appointment of boards of arbitrators or an umpire in such manner as the parties shall agree, or, in the absence of an agreement, for appointment of such persons by the court of common pleas (§4, 5 P.S. §164); the courts of common pleas may adopt rules of procedure and practice which shall govern the arbitration proceedings (§5, 5 P.S. §165); the arbitration award may be confirmed, vacated, or modified by the court at any time within one year after the award is made, and judgment thereupon entered in conformity with an order confirming,*511 modifying or correcting an award (§§9-14, 5 P.S. §§169-174).
Moreover, Section 11 of the Act of 1927, 5 P.S. §171 provides that the reviewing court has a narrow scope of review and may modify the award only for errors of law and for several specified forms of gross factual errors. In addition, the Act of 1927 is complemented by Section 763(b) of the Judicial Code, which reposes appellate jurisdiction over arbitration awards involving the Commonwealth and a Commonwealth employee with this Court:
(b) Awards of arbitrators. — The Commonwealth Court shall have exclusive jurisdiction of all petitions for review of an award of arbitrators appointed in conformity with statute to arbitrate a dispute between the Commonwealth and an employee of the Commonwealth.
42 Pa. C.S. 763(b).
Depending on the language of the contract,
And Now, this 4th day of December, 1979, the preliminary objection of respondent, Pennsylvania State Police, raising the failure of petitioner, Robert Morrison, to exhaust statutorily required administrative remedies is hereby granted and complaint of the petitioner is dismissed.
Act of May 20, 1937, P.L. 728, as amended, 72 P.S. §1651-1 et seq.
Act of April 25, 1927, P.L. 381, No. 248, as amended, 5 P.S. §161 et seq.
Our Supreme Court in Pennsylvania Turnpike Commission v. Sanders & Thomas, Inc., 461 Pa. 420, 336 A.2d 609 (1975), held that the Act of 1927 applies to a contract between the Commonwealth and another if 1) the contract expressly provides for arbitration pursuant to the Act of 1927; or, 2) if the contract contains an arbitration clause but refers to neither the Act of 1927 nor the Act of 1937.