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DARRELL MUSSER v. COUNTY CENTRE (10/03/86)

decided: October 3, 1986.

DARRELL MUSSER, STEVE BRACHBILL, DISTRICT 1199P NATIONAL UNION OF HOSPITAL AND HEALTH CARE EMPLOYEES AFL-CIO, APPELLANTS
v.
COUNTY OF CENTRE, CENTRE COUNTY PRISON BOARD, APPELLEES



Appeal from the Order of the Court of Common Pleas of Centre County in the case of County of Centre, Centre County Prison Board v. Darrell Musser, Steve Brachbill and District 1199P, National Union of Hospital and Health Care Employees, AFL-CIO, No. 85-587.

COUNSEL

Joseph M. Devecka, for appellants.

John W. Blasko, McQuaide, Blasko, Schwartz, Fleming & Faulkner, Inc., for appellees.

Judges Barry and Palladino, and Senior Judge Rogers, sitting as a panel of three. Opinion by Judge Palladino.

Author: Palladino

[ 101 Pa. Commw. Page 194]

Darrell Musser and Stephen Brachbill (Guards) and District 1199P National Union of Health Care Employees,

[ 101 Pa. Commw. Page 195]

AFL-CIO, (Union) appeal from an order of the Court of Common Pleas of Centre County (trial court) correcting an award of arbitration by reversing the arbitrator and reinstating the Guards' discharge from their employment at the Centre County Prison. We affirm.

The Guards were employed as correction officers at the Centre County Prison. On August 30, 1984, notice of termination was given to the Guards. The Centre County Prison Board, (Prison Board) in whom authority for management of the prison is vested, ratified Warden Jeffrey Bell's discharge of the Guards. These discharges resulted from the physical abuse and shackling of inmate Robert Riggleman*fn1 in contravention of state

[ 101 Pa. Commw. Page 196]

    regulations.*fn2 On September 4, 1984, a written grievance was filed by the Union as provided by Article XXII of the Collective Bargaining Agreement (Agreement) between the County of Centre and the Union. After a

[ 101 Pa. Commw. Page 197]

    conference required by the grievance procedure resulted in a decision to affirm the dismissals, the Union notified the Prison Board of its intent to arbitrate the dismissal under the Agreement. The parties stipulated

[ 101 Pa. Commw. Page 198]

    that the dispute was procedurally and substantively arbitrable and that the labor agreement was the governing document in the matter.

[ 101 Pa. Commw. Page 199]

The arbitration hearing was held on January 22, 1985. On February 27, 1985, the arbitrator rendered an award in which he reversed the decision of the Prison Board to discharge the Guards. The arbitrator concluded that there was not cause for discharge. However, he also concluded that the Guards' ...


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