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SCHOOL DISTRICT CITY DUQUESNE v. DUQUESNE EDUCATION ASSOCIATION (06/18/76)

decided: June 18, 1976.

THE SCHOOL DISTRICT OF THE CITY OF DUQUESNE, APPELLANT
v.
DUQUESNE EDUCATION ASSOCIATION, GRIEVANCE OF RICHARD P. MORAN, APPELLEE



Appeal from an arbitrator's award in case of In the Matter of Arbitration Between Duquesne School District and Duquesne Education Association, dated August 21, 1975.

COUNSEL

Norman M. Bartko, for appellant.

John R. DeAngelis, for appellee.

President Judge Bowman and Judges Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Judge Crumlish, Jr. did not participate. Opinion by Judge Blatt. Judge Kramer did not participate in the decision in this case.

Author: Blatt

[ 25 Pa. Commw. Page 217]

The School District of the City of Duquesne (District) entered into a collective bargaining agreement with the Duquesne Education Association (Association) effective from July 1, 1974 until June 30, 1976 pursuant to the Public Employe Relations Act.*fn1 A

[ 25 Pa. Commw. Page 218]

    grievance was filed by Richard P. Moran, a teacher represented by the Association, and the grievance was submitted to arbitration. The arbitrator's award was in favor of the grievant and the District has now appealed to this Court pursuant to Pa. R.J.A. No. 2101.

Mr. Moran had applied in May, 1974 for the position of assistant basketball coach and, on or about July 8, 1974, his application was denied by the school board and another applicant was appointed. He filed a grievance on December 11, 1974 alleging that he should have received the appointment pursuant to Article VIII, Subsection D of the collective bargaining agreement*fn2 between the Association and the District, and the arbitrator sustained the grievance on this basis.

It is clear that Pa. R.J.A. No. 2101 provides this Court with subject matter jurisdiction over an appeal from an arbitrator's award made pursuant to a collective bargaining agreement. Community College of Beaver County v. Community College of Beaver County, Society of the Faculty (PSEA/NEA), 17 Pa. Commonwealth Ct. 231, 331 A.2d 921 (1975). An arbitrator's award must draw its "essence" from the collective bargaining agreement and only when there is a manifest disregard of the agreement may the reviewing court disturb the award. County of Franklin v. American Federation of State, County and Municipal Employees, 21 Pa. Commonwealth Ct. 379, 346 A.2d 845 (1975).

[ 25 Pa. Commw. Page 219]

The District argued, however, that Mr. Moran did not file a timely grievance and that the award to him, therefore, was improper. The grievance procedure as set forth in the agreement here provides specific time limitations governing each grievance level, and the policy behind these time limitations is expressed in Section C(1) of Article II: "Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as a maximum and every effort should be made to expedite the process. The time limits specified may, however, be extended by mutual agreement." (Emphasis added.)

The time limitations set in the initial filing of a grievance is that prescribed for "Level One," as follows: " Within fifteen school days of the occurrence of the subject matter of a grievance, a teacher with a grievance shall first discuss it with his principal or immediate superior, ...


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