Appeal from Award of arbitrator in case of In the Matter of the Arbitration between Dauphin County Technical School Education Association and Dauphin County Area Vocational-Technical School Board.
James F. Carl and Michael Ira Levin, with them, Metzger, Wickersham, Knauss & Erb, for appellant.
Charles J. DeHart, III, with him Caldwell, Clouser & Kearns, for intervening appellant.
Clarence C. Morrison, for appellee.
William Fearen, with him Cleckner & Fearen, for Pa. School Boards Association.
President Judge Bowman and Judges Crumlish, Jr., Wilkinson, Jr., Mencer, Rogers and Blatt. Judge Kramer did not participate. Opinion by Judge Blatt.
[ 24 Pa. Commw. Page 640]
The Dauphin County Area Vocational-Technical School Board*fn1 (Board) entered into a collective bargaining agreement (agreement) effective July 1, 1974 with the Dauphin County Technical School Education Association (Association) pursuant to the Public Employe Relations Act*fn2 (PERA). A grievance was filed by the Association charging that a professional employe of the Board, Elaine Hoppe, failed to pay Association dues for the school year 1974-1975 in violation of a maintenance of membership provision in the agreement and demanding termination of Hoppe's employment. The grievance was submitted to arbitration, the arbitrator's award was in favor of the Association and the Board has now appealed*fn3 to this Court pursuant to Pa. R.J.A. No. 2101.
[ 24 Pa. Commw. Page 641]
Article XVII, Section C of the agreement contains the following maintenance of membership provision:
"The Board agrees that all employees who are presently members of the Association shall be subject to the 'maintenance of membership' provision as defined in Article III, Subsection (18) of the Public Employee Relation Act, act 195 [sic]."
Section 301(18) of PERA, 43 P.S. § 1101.301(18), provides as follows:
"'Maintenance of membership' means that all employes who have joined an employe organization or who join the employe organization in the future must remain members for the duration of a collective bargaining agreement so providing with the provisio that any such employe or employes may resign from such employe organization during a period of fifteen days prior to the expiration of any such agreement."
The arbitrator found that "Ms. Hoppe did not pay Association dues for the school year 1974-75" and that she "attempted to pay dues for the local Association, but not P.S.E.A. or N.E.A. on March 25, 1975."*fn4 The arbitrator then determined that the maintenance of membership provision was a condition of Hoppe's continued ...