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SHEILA STEIN v. PHILADELPHIA FEDERATION TEACHERS LOCAL 3 AFT (08/17/83)

decided: August 17, 1983.

SHEILA STEIN, APPELLANT
v.
THE PHILADELPHIA FEDERATION OF TEACHERS LOCAL 3 AFT, AFL-CIO ET AL., APPELLEES



Appeal from the Order of the Court of Common Pleas of Philadelphia County in the case of Sheila Stein v. The Philadelphia Federation of Teachers, Local 3, AFT, AFL-CIO and Board of Education of the School District of Philadelphia, No. 806 October Term, 1981.

COUNSEL

Deborah R. Willig, Kirschner, Walters, Willig, Weinberg & Dempsey, with her Burton Stein, for appellant.

James J. Binns, with him Hope C. Lefeber, James J. Binns, P.A., for appellees.

Judges Rogers, Williams, Jr. and MacPhail, sitting as a panel of three. Opinion by Judge Williams, Jr.

Author: Williams

[ 76 Pa. Commw. Page 382]

Appellant, Sheila Stein, appeals from an order of the Court of Common Pleas of Philadelphia County which affirmed an arbitrator's award in favor of the appellees, the Philadelphia Federation of Teachers ("Union") and School District of Philadelphia ("District"). We affirm.

The controversy involves the determination of appellant's seniority date as established through application and interpretation of pertinent transfer and seniority provisions set forth in Articles T-VIII ("Transfer Policy") and T-IX ("Seniority") of the collective bargaining agreement (Agreement) entered into between appellees. Appellant, a social studies teacher, and Union member, began teaching in the District at Germantown High School on January 3, 1967, until her transfer to George Washington High School on September 1, 1973. Appellant's transfer from Germantown High School, the voluntariness of which is in dispute, occurred because of a student's repeated threats to appellant's well-being and the deleterious effects of such threats on appellant's health.

After a number of subsequent involuntary transfers, none of which is pertinent to the instant appeal, appellant returned to George Washington High School on February 1, 1979. In May 1979, upon the posting of a list denominating the school seniority dates*fn1 of

[ 76 Pa. Commw. Page 383]

    social studies teachers at George Washington High School, several social study teachers filed a grievance challenging appellant's school seniority date of January 3, 1967, and contending that appellant's school seniority commenced on September 1, 1973. After the District's hearing officer at the second step of the grievance procedure ruled that appellant's school seniority date was September 1, 1973, and not January 3, 1967, appellant sought an arbitral determination of the propriety of the hearing officer's ruling.

Utilizing the transfer and seniority provisions of the Agreement, Articles T-VIII and T-IX, respectively, and after two days of hearings (during which appellant was represented by independent counsel of her own choice), the arbitrator decided, on September 8, 1981, that appellant's transfer to George Washington High School in 1973 was voluntary rather than involuntary or forced; thus, appellant's school seniority date was determined to be September 1, 1973.*fn2 From the common pleas court order dismissing appellant's petition for review and affirming the arbitrator's award, an appeal was taken to this Court.

Our extremely circumscribed scope of review is limited to determining whether the arbitrator's decision can in any rational way be derived from the collective ...


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