Markowitz & Kirschner, Paula R. Markowitz, Philadelphia, for appellant at No. 348 and appellee at No. 353.
Drinker, Biddle & Reath, J. Freedley Hunsicker, Jr., Philadelphia, for appellant at No. 353 and appellee at No. 348.
Jones, C. J., and Eagen, O'Brien, Roberts, Pomeroy and Manderino, JJ. Nix, J., took no part in the consideration or decision of this case.
Lincoln University of the Commonwealth System of Higher Education [University] filed a complaint in equity against the Lincoln University Chapter of the American Association of University Professors [Association]. This complaint sought an injunction against the Association restraining it from proceeding in accordance with the terms of a collective bargaining agreement entered into by parties on September 28, 1973, with the arbitration of two disputes: (1) the denial of tenure to a Dr. Antonio Fuste; (2) the University's decision to appoint one, rather than all,*fn1 of its librarians to faculty status as of July 1, 1974.
An evidentiary hearing was conducted to determine if a preliminary injunction should issue. Following this, the chancellor entered a decree enjoining arbitration of the librarian status dispute and refusing to enjoin arbitration of the Fuste tenure dispute. The Association filed an appeal challenging that portion of the court's decree
granting injunctive relief. The University filed an appeal challenging that portion of the decree refusing to enjoin arbitration of the Fuste tenure dispute.*fn2 Upon application of the University, the chancellor granted a stay of the Fuste arbitration pending resolution of the appeal by this Court. Both appeals were subsequently consolidated for argument before this Court and will be disposed of in this one opinion.
The background to this controversy is as follows:
Article XII of the September 28, 1973, collective bargaining agreement provides:
"12.1 The Committee on Promotions, Tenure, and Severance shall investigate the professional qualifications of the librarians. The Committee shall recommend to the President for faculty rank to commence in the 1974-1975 academic year those librarians deemed qualified. The faculty rank which the librarian may initially hold shall be finally determined by the President, and any appointments shall commence with the 1974-1975 academic year."
In accordance with this provision, the Committee on Promotions, Tenure and Severance investigated the professional qualifications of the librarians employed by the University and recommended to the University President, Dr. Herman R. Branson, that all of the librarians be accorded faculty rank. However, despite this recommendation, Dr. Branson, ...