Original jurisdiction in the case of Prakash C. Kapil v. Association of Pennsylvania State College and University Faculties, et al.
Mark P. Widoff, with him Mary Catherine Frye, Widoff, Reager, Selkowitz and Adler, P.C., for petitioner.
Robert J. Schwartz, Assistant Counsel, for respondent, Commonwealth of Pennsylvania.
James L. Cowden, with him Jerome H. Gerber, Handler and Gerber, P.C., for respondents, Association of Pennsylvania State College and University Faculties, Richard Hazley and Robert Ross.
Judges Rogers, Blatt and Williams, Jr., sitting as a panel of three. Opinion by Judge Williams, Jr. Judges Mencer and Palladino did not participate in the decision in this case.
[ 68 Pa. Commw. Page 288]
Directed to our original jurisdiction under Section 761(a)(1) of the Judicial Code,*fn1 Prakash C. Kapil (plaintiff) has filed a complaint in equity seeking money damages and specific performance of a collective bargaining agreement. Named as defendants are
[ 68 Pa. Commw. Page 289]
the Association of Pennsylvania State College and University Faculties (APSCUF); two people presently or formerly affiliated with APSCUF; the President of Bloomsburg State College; the Board of Trustees of Bloomsburg State College; and the state Department of Education.
Two sets of preliminary objections have been filed: one set on behalf of APSCUF and the two people connected therewith;*fn2 and a set on behalf of the president and trustees of Bloomsburg State College and the Department of Education. The disposition of those objections is the matter now before us.
The plaintiff, Kapil, is a tenured faculty member at Bloomsburg State College (College), having been originally hired in 1967. APSCUF is the certified, exclusive collective bargaining agent for the employee unit of which Kapil is a member, the professional employees of the state college system; although Kapil is not a member of APSCUF itself. At all times material to the instant lawsuit, APSCUF and the College were parties to an in-force collective bargaining agreement affecting the employment rights of Kapil's employee unit.*fn3 That agreement contained, inter alia, provisions addressing the matter of sabbatical leaves for faculty members, establishing a grievance and arbitration procedure, and prohibiting discrimination by the parties to the agreement, or by
[ 68 Pa. Commw. Page 290]
a faculty member, against another faculty member. The seeds of the instant suit were sown when the College, in June 1979, failed to grant the plaintiff's application for a sabbatical leave, and APSCUF declined to grieve ...