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ASSOCIATION PENNSYLVANIA STATE COLLEGE AND UNIVERSITY FACULTIES v. CARYL M. KLINE (04/01/81)

decided: April 1, 1981.

ASSOCIATION OF PENNSYLVANIA STATE COLLEGE AND UNIVERSITY FACULTIES, PETITIONER
v.
CARYL M. KLINE, SECRETARY OF EDUCATION OF THE COMMONWEALTH OF PENNSYLVANIA, RESPONDENT



Original jurisdiction in case of Association of Pennsylvania State College and University Faculties v. Commonwealth of Pennsylvania and Caryl M. Kline, Secretary of Education of the Commonwealth of Pennsylvania.

COUNSEL

Jerome H. Gerber with him Elliot A. Strokoff, Handler and Gerber, P.C., for petitioner.

David H. Allshouse, Deputy Attorney General, with him Norman J. Watkins and Allen C. Warshaw, Deputy Attorney Generals, and Harvey Bartle, III, Attorney General, for respondent.

President Judge Crumlish and Judges Wilkinson, Jr., Rogers, Blatt, Craig, MacPhail and Williams, Jr. Judges Mencer and Palladino did not participate. Opinion by Judge Blatt. This decision was reached prior to the expiration of the term of office of Judge Wilkinson, Jr.

Author: Blatt

[ 58 Pa. Commw. Page 165]

This case comes before us on cross motions for summary judgment on a motion filed by the Association of Pennsylvania State College and University Faculties (APSCUF) to confirm an arbitration award against the Commonwealth and the Secretary of Education, the respondents here.

The original motion to confirm the arbitration award in question was first filed on June 2, 1978, and then amended in response to the respondents' preliminary objections. Additional preliminary objections were argued before this Court in March of 1979, and at that time we overruled a challenge to our jurisdiction and a demurrer to the amended motion. Association of Pennsylvania State College and University Faculties v. Commonwealth, 44 Pa. Commonwealth Ct. 193, 403 A.2d 1031 (1979). An answer, new matter and reply to new matter were thereafter filed and the parties then stipulated to numerous facts and made the mutual motions for summary judgment which are now before us.

The arbitration award here concerned, which resulted after APSCUF and the Commonwealth failed to negotiate an agreement as to a salary increase for faculty members for the 1977-78 school year, was issued in March of 1978 and directed that the faculty members represented by APSCUF be given a 4.5% wage increase retroactively effective to August 31, 1977. The Commonwealth did not appeal this award,

[ 58 Pa. Commw. Page 166]

    but it has refused nevertheless to implement the pay increases applicable to the period from September 1, 1977 through June 30, 1978.*fn1

APSCUF argues that the Commonwealth's failure to appeal the award requires that it be confirmed.*fn2

The Commonwealth's response, and the issue before us, is that this arbitration award was merely advisory under Section 804 of the Public Employe Relations Act (Act 195),*fn3 and that the Commonwealth was not bound by the award for the 1977-78 school year.

Under the provisions of Section 804 of Act 195, parties who voluntarily submit to binding arbitration are bound by the resulting award "with the proviso [that] the decisions of the arbitrator which would require legislative ...


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