39 Pa. Commw. 200 | Pa. Commw. Ct. | 1978
Opinion by
On November 6, 1975, Theodore J. Good, a professional employee of the Stroudsburg Area School District (School District), was suspended without pay for five days by his employer for leaving work early without permission. Good requested a hearing before the Stroudsburg Area Board of Education (School Board) pursuant to the Local Agency Law, Act of December 2, 1968, P.L. 1133, 53 P.S. §11301 et seq. Following the hearing, the School Board affirmed Good’s five-day suspension. Good did not appeal this decision.
On February 5, 1976, Good filed a grievance pursuant to a collective bargaining agreement between the School District and the Stroudsburg Area Education Association (Union). Good’s grievance sought to recover $341.05 which had been deducted from his pay because of his suspension. The grievance was denied by the School Board at the first two stages.
This Court, by a divided vote, has held that a refusal to submit a grievance or dispute to arbitration as required by Section 903 of the Act, 43 P.S. §1101. 903, is a failure to discuss the grievance and is therefore an unfair labor practice violative of Section 1201 (a)(5).
The PLRB and the Union concede this but urge us to consider Good’s loss of pay as entirely separate and distinct from his suspension. They contend that this dispute “arguably” involves the interpretation of that section of the agreement which sets forth the salaries of professional employees.
Provisions relating to discipline may properly be included in a collective bargaining agreement, but such is not the case here. Absent such a provision, an employee may challenge a disciplinary suspension through the procedure established by the Local Agency Law. Good chose to do so, and his Union cannot
Order affirmed.
Order
And Now, this 13th day of December, 1978, the order of the Court of Common Pleas of the Forty-third Judicial District, dated September 6, 1977, vacating the final order of the Pennsylvania Labor Relations Board, dated October 7, 1976, is hereby affirmed.
Neither the PLRB nor the Union contends that the School Board has failed to discuss the dispute or to engage in collective bargaining in any manner except for the refusal to submit the dispute to arbitration.
The provision relied upon by the Union and the PLRB reads as follows: “The salaries of all employees covered by this Agreement are set forth in Schedule B, attached hereto and made a part hereof.” Schedule B is a chart setting forth the salaries to be paid on the basis of years of service, degrees earned, and credits accumulated.