Appeal from the Order of the Court of Common Pleas of Montgomery County in case of In Re: Arbitration between Borough of Norristown and American Federation of State, County and Municipal Employees, No. 79-20640.
Theodore M. Lieverman, Kirschner, Walters & Willig, for appellant.
Paul C. Vangrossi, for appellee.
Judges Blatt, Craig and Williams, Jr., sitting as a panel of three. Opinion by Judge Williams, Jr. Judge Wilkinson, Jr. did not participate in the decision in this case.
[ 60 Pa. Commw. Page 164]
The American Federation of State, County and Municipal Employees, District Council 88, AFL-CIO (union), appeals to this Court to reverse the Montgomery County Court of Common Pleas' vacation of the Award of Arbitrators in this action. That award had sustained a union grievance filed to implement salary adjustments for seven employees of the Borough of Norristown (Borough).
Representatives of the union and the Borough successfully negotiated a collective bargaining agreement, which they then took to their respective principals for approval. Article XXXI of the proposed agreement included the following language:
Each employee in an active pay status covered by this Agreement shall receive a general pay increase in accordance with the following: (there follows provision for a 5.95% increase effective January 1, 1976, a 4.50% increase effective January 1, 1977, and a 6.00% increase effective January 1, 1978)
Adjustments shall be computed on the existing salary until such time as the payment classification plan is implemented. . . .
[ 60 Pa. Commw. Page 165]
E. An up to date salary schedule is attached as Appendix A-1. (Portion in parenthesis is synopsis.)
Appendix A-1 was not attached to the proposed contract at this time.
According to the arbitrator's opinion, and not disputed on the record, the Borough Council held a special executive session on December 9, at which it "voted to approve 'the entire contract with the exception of Article V, Section B, Hours of Work.'"*fn1 Among others present at this meeting was the council president, who was also a member of the Borough negotiating committee, and who later signed the contract on behalf of the Borough, after ...