Appeal from the Order of the Court of Common Pleas of Lycoming County in case of Williamsport Area Community College Education Association v. Williamsport Area Community College, No. 74-3568.
William A. Hebe, with him Spencer, Gleason & Hebe, for appellant.
Charles J. McKelvey, with him McNerney, Page, Vanderlin & Hall, for appellee.
President Judge Bowman and Judges Crumlish, Jr., Wilkinson, Jr., Mencer, Rogers, Craig and MacPhail. Judges Blatt and DiSalle did not participate. Opinion by Judge Mencer.
[ 43 Pa. Commw. Page 271]
The Williamsport Area Community College Education Association (Association) filed an appeal in this Court from a March 9, 1978 order of the Court of Common Pleas of Lycoming County by which judgment was entered in favor of the Williamsport Area Community College (College) in an action in equity brought by the Association for specific performance of a contractual agreement to arbitrate grievances arising under a collective bargaining agreement.
The Association and the College entered into a collective bargaining agreement which commenced January 25, 1972 and terminated June 30, 1973. Negotiations for a successor agreement commenced in a timely fashion and, by agreement of the parties, the collective bargaining agreement was extended to October 15, 1973. Negotiations were unsuccessful and, on October 30, 1973, the Association commenced a strike which lasted through November 16, 1973. Basic agreement as to the terms of the successor collective bargaining
[ 43 Pa. Commw. Page 272]
agreement was achieved by Thanksgiving 1973. The successor collective bargaining agreement was actually executed by the parties on February 4, 1974, which agreement became effective as of that date, except as to certain specific terms which were made retroactive to July 1, 1973.
The grievance which formed the basis for the specific performance action was filed by the Association on February 9, 1974, the grievance contending that the college had violated the terms of the new agreement by deducting from the paychecks of its members, during the months of November and December 1973 and January 1974, twelve days' pay, which period approximated the number of days the Association was on strike. The College refused to proceed to arbitration with respect to the grievance.
The trial court concluded that there was no agreement to arbitrate in existence at the time the actions giving rise to the grievance took place and therefore this case was controlled by Pennsylvania Labor Relations Board v. Williamsport Area School District, 29 Pa. Commonwealth Ct. 355, 370 A.2d 1241 (1977). In Williamsport Area School District, we held that an employer does not commit an unfair labor practice by refusing to submit a dispute to a grievance procedure when the dispute arose after the expiration of a contract containing provisions establishing grievance procedures and while no collective bargaining agreement was in force. However, in the instant case, there was a collective bargaining agreement in existence when the grievance was filed. Thus, we must conclude that this case is controlled by Lincoln University v. Lincoln University Chapter of AAUP, 467 Pa. 112, 354 A.2d 576 (1976).
In Lincoln University, our Supreme Court set forth a two-part test to determine whether the parties to an agreement must ...