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INTERNATIONAL BROTHERHOOD FIREMEN AND OILERS v. SCHOOL DISTRICT PHILADELPHIA (01/29/76)

decided: January 29, 1976.

INTERNATIONAL BROTHERHOOD OF FIREMEN AND OILERS, AFL-CIO LOCAL 1201, APPELLANT,
v.
SCHOOL DISTRICT OF PHILADELPHIA



COUNSEL

John B. Day, Casper & Muller, R. D. Kaplan, Philadelphia, for appellant.

Vincent J. Salandria, Philadelphia, for appellee.

Jones, C. J., and Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ.

Author: Pomeroy

[ 465 Pa. Page 357]

OPINION OF THE COURT

This appeal stems from a labor dispute between the School District of Philadelphia [hereinafter the School

[ 465 Pa. Page 358]

District], the appellee, and the International Brotherhood of Firemen and Oilers, AFL-CIO, Local 1201 [hereinafter the Union], the collective bargaining representative of maintenance and operations employees of the School District. The parties having failed to resolve their dispute by means of ordinary grievance procedures, the Union demanded arbitration pursuant to the terms of the collective bargaining agreement between the parties.*fn1

[ 465 Pa. Page 359]

Arbitration proceedings were conducted in due course and an award made which in part favored the Union and in part the School District. Being dissatisfied with the arbitrator's decision, the Union filed a complaint in equity seeking to have the decision vacated and a new hearing ordered. The School District responded with preliminary objections in the nature of a demurrer. Apparently treating the complaint as a petition to vacate or modify the arbitration decision,*fn2 the court of common pleas determined that the Union's claim was without merit and dismissed the "complaint". This appeal followed.*fn3

The facts giving rise to the dispute between the parties were in large measure contained in a stipulation arrived

[ 465 Pa. Page 360]

    at prior to the hearing before the ...


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