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SOUTH ALLEGHENY SCHOOL DISTRICT v. SOUTH ALLEGHENY EDUCATION ASSOCIATION (06/23/76)

decided: June 23, 1976.

SOUTH ALLEGHENY SCHOOL DISTRICT, APPELLANT
v.
SOUTH ALLEGHENY EDUCATION ASSOCIATION, APPELLEE



Appeal from the award of an arbitrator in case of In the Matter of the Arbitration Between South Allegheny Education Association and South Allegheny School District, dated December 4, 1975.

COUNSEL

John A. Caputo, with him O'Donnell, Bresnahan, Caputo & Capristo, and Gay Banes, for appellant.

Daniel R. Delaney, with him Ronald N. Watzman, for appellee.

President Judge Bowman and Judges Crumlish, Jr., Wilkinson, Jr., Mencer, Rogers and Blatt. Judge Kramer did not participate. Opinion by Judge Rogers.

Author: Rogers

[ 25 Pa. Commw. Page 283]

This is an appeal from an arbitrator's award which sustained a grievance and granted compensation to members of the South Allegheny Education Association (teachers) who reported for work with the South Allegheny School District (district) on a day on which school had to be cancelled because of inclement weather. We affirm.

Our scope of review of an arbitrator's award is limited and an award will be affirmed so long as it

[ 25 Pa. Commw. Page 284]

    draws its essence from the collective bargaining agreement, that is, so long as the award "can in any rational way be derived from the agreement, viewed in the light of its language, its context and any other indicia of the parties' intention; only where there is manifest disregard of the agreement, totally unsupported by principles of contract construction and the law of the shop, may a reviewing court disturb the award." County of Franklin v. American Federation of State, County and Municipal Employees, 21 Pa. Commonwealth Ct. 379, 381, 346 A.2d 845, 847 (1975), quoting Ludwig Honold Mfg. Co. v. Fletcher, 405 F.2d 1123 (3rd Cir. 1969). See also County of Allegheny v. Allegheny County Prison Employees Independent Union, 20 Pa. Commonwealth Ct. 173, 341 A.2d 578 (1975), and Teamsters Local Union No. 77 v. Pennsylvania Turnpike Commission, 17 Pa. Commonwealth Ct. 238, 331 A.2d 588 (1975).

We gather from the arbitrator's decision and the parties' briefs that on the morning of February 12, 1975, there was a snowstorm in the Pittsburgh area. At approximately 6:06 A.M. the school superintendent of the South Allegheny School District issued an announcement over a local radio station that school opening would be delayed for two hours.*fn1 At 8:05 A.M. the superintendent's announcement that schools would be closed for the entire day was broadcast.

The arbitrator's opinion states that a "Memo No. 25" from the district provides that, when starting times of classes are delayed, "[a]ll professional and nonprofessional employees will report for work as soon as possible." It also states: "When you are requested to report for work as soon as possible, we

[ 25 Pa. Commw. Page 285]

    simply mean that every effected (sic) employee should make an honest effert (sic) to report to his station as close to the scheduled time as possible ...


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