Appeal from the Award of an Arbitrator in case of In the Matter of Arbitration between Portage Area Education Association and The Portage Area School District, Grievance No. 2.
Dennis M. McGlynn, with him Bionaz, Raptosh & McGlynn, for appellant.
William K. Eckel, for appellee.
Judges Crumlish, Jr., Kramer and Mencer, sitting as a panel of three. Opinion by Judge Kramer.
[ 28 Pa. Commw. Page 245]
This is the appeal of The Portage Area School District (District) from an award of $360 made by an arbitrator in favor of Mrs. Patricia Rylke, pursuant to grievances alleging violations by the District of the collective bargaining agreement (Agreement) between the District and the Portage Area Education Association, Mrs. Rylke's collective bargaining agent.
Mrs. Rylke, a properly certified business education teacher in the District, was suspended in 1973 due to a substantial decrease in enrollment. In January 1975, the District instituted a 10-week adult class session in business education. The compensation for the
[ 28 Pa. Commw. Page 246]
instructor was fixed at $180. The District posted notice of the need for a teacher in this program in the teachers' room, as provided by the Agreement, but failed to notify Mrs. Rylke of the opening. Since Mrs. Rylke was not employed by the District, she in fact had no notice of the District's need for an instructor. Another person, neither a regular nor suspended teacher, was employed. A similar adult business education program was conducted in October 1975. It required an instructor at the same rate of pay. Again Mrs. Rylke was given no notice of the opening.
The Education Association filed grievances on each occasion, alleging violation of Section 1125(c) of the Public School Code of 1949, Act of March 10, 1949, P.L. 30, as amended, 24 P.S. § 11-1125(c). The grievances were ultimately referred for binding arbitration, and the arbitrator concluded that the District had twice violated Section 1125(c) and awarded Mrs. Rylke the amount which she would have received had she taught the two classes. The District has appealed. We affirm.*fn1
We have adopted as our standard of review of arbitrators' awards the so-called "essence test," which says that we will disturb an award only when the arbitrator has manifestly disregarded the collective bargaining agreement. Teamsters Local Union No. 77 v. Pennsylvania Turnpike Commission, 17 Pa. Commonwealth Ct. 238,
[ 28 Pa. Commw. Page 247331]
A.2d 588 (1975). We find no manifest disregard of the Agreement by ...