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WYOMING VALLEY WEST EDUCATION ASSOCIATION v. WYOMING VALLEY WEST SCHOOL DISTRICT (10/22/85)

decided: October 22, 1985.

WYOMING VALLEY WEST EDUCATION ASSOCIATION, APPELLANT
v.
WYOMING VALLEY WEST SCHOOL DISTRICT, APPELLEE



Appeal from the Order of the Court of Common Pleas of Luzerne County, in case of Wyoming Valley West School District v. Wyoming Valley West Education Association, No. 617-C of 1984.

COUNSEL

Peter J. O'Brien, O'Brien and Miller, for appellant.

Michael J. Hudacek, for appellee.

Judges Doyle and Palladino, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Senior Judge Barbieri.

Author: Barbieri

[ 92 Pa. Commw. Page 366]

Wyoming Valley West Education Association (Association) appeals here the order of the Luzerne

[ 92 Pa. Commw. Page 367]

County Court of Common Pleas vacating the arbitrator's award which sustained grievances filed by the Association on behalf of four professional staff members furloughed by the Wyoming Valley West School District (District) because of a decline in student enrollment.

We must determine whether the arbitrator's conclusion, based on a memorandum stating the District's furloughing policy printed on the back cover of the collective bargaining agreement, that the grievants' furlough was improper drew its essence from the collective bargaining agreement.

On June 16, 1983, seven professional employees of the District were notified of their furlough. The reason given for their furlough was a substantial decline in student enrollment. Three professional employees were later reinstated; the Association filed grievances on behalf of the four employees who remained furloughed. The grievances proceeded to arbitration; the arbitrator set out the following provisions undisputedly part of the agreement and pertinent to the grievance filed:

Article 1. General

Section 6. Statutory Savings

Nothing contained herein shall be construed to deny or restrict to any employe such rights as may exist under the public school code of 1949 as amended, or other applicable laws and regulations.

Article 11. Working Conditions

Section 8. Just Cause

No member of the bargaining unit shall be discharged, disciplined, suspended, or laid ...


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