77 Pa. Commw. 92 | Pa. Commw. Ct. | 1983
Opinion by
Before this Court is an appeal by the Northwest Tri-County Intermediate Unit No. 5 Education Association (Association) from a decision and order of the Court of Common Pleas of Erie County vacating an arbitration award in favor of the Association and sustaining an appeal by the Northwest Tri-County Intermediate Unit No. 5 (Intermediate Unit).
The Intermediate Unit and the Association are parties to a collective bargaining agreement effective from August 1, 1980 through July 31, 1983. The bargaining unit covered by said agreement, consistent with certification by the Pennsylvania Labor Relations Board (PLRB), includes all full-time regularly employed teachers of the Intermediate Unit. On November 19, 1980, the Association filed a grievance alleging that, by employing full-time substitute teachers without af
Following submissions of the dispute to arbitration, Arbitrator Irwin J. Dean, Jr. sustained the grievance. He held that substitute teachers employed for a period exceeding eighty-nine days must prospectively be considered members of the bargaining unit. On appeal by the Intermediate Unit, the court of common pleas vacated the arbitrator’s award on the grounds that the determination as to the composition of a bargaining unit was the exclusive function of the PLRB under the terms of Section 604 of the Public Employe Relations Act (PERA), Act of July 23, 1970, P.L. 563, as amended, 43 P.S. §1101.604.
In addressing the Association’s first ground for appeal, we note that the focus of Section 604 of PERA is certification by the PLRB of the bargaining unit. Once
With respect to the merits of the arbitrator’s decision, this issue was not reached by the court of common pleas as a result of its resolving the Intermediate Unit’s appeal on jurisdictional grounds. Perceiving nothing to be gained by a remand, however, we will therefore address the issue now in the interest of judicial economy.
Order
Now, September 9, 1983, the decision and order of the Court of Common Pleas of Erie County in the above captioned matter, No. 4921-A-1981, dated
Section 604 reads, in pertinent part: “The board shall determine the appropriateness of a unit which shall be the public employer unit or a subdivision thereof.” This language is followed by a list of factors the PLRB must take into account in making its determination.
Having ruled in the Association’s favor as to this issue, there is no need to address the question of whether the Intermediate Unit waived any objections to the arbitrator’s jurisdiction.
We additionally note that, under the terms of the collective bargaining agreement at issue in this case, the description of the duties and responsibilities of full-time substitutes employed by the Intermediate Unit and this Court’s opinion in School District of the Township of Millcreek v. Millcreek Education Association, 64 Pa. Commonwealth Ct. 389, 440 A.2d 673 (1982), the decision of the arbitrator is clearly reasonable.