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AMERICAN FEDERATION STATE v. LUZERNE COUNTY (05/04/88)

decided: May 4, 1988.

AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO, DISTRICT COUNCIL 87, APPELLANT
v.
LUZERNE COUNTY, APPELLEE



Appeal from the Order of the Court of Common Pleas of Luzerne County, in the case of American Federation of State, County and Municipal Employees, AFL-CIO, District Council 87 v. Luzerne County, No. 1320-C of 1985.

COUNSEL

Alaine S. Williams, Kirschner, Walters & Willig, for appellant.

Richard M. Goldberg, County Solicitor, for appellee.

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

Author: Palladino

[ 115 Pa. Commw. Page 605]

American Federation of State, County, and Municipal Employees, AFL-CIO, District Council 87 (Appellant) appeals an order of the Court of Common Pleas of Luzerne County (trial court) affirming an arbitration award rendered pursuant to a grievance filed by Appellant against Luzerne County (Appellee). We affirm.

Appellee and Appellant were parties to a collective bargaining agreement effective from January 1, 1983 to December 31, 1985. Appellant was certified as the bargaining representative for certain employees of Appellee.

[ 115 Pa. Commw. Page 606]

Frank Roman (Grievant) was employed by Appellee in 1970 as a printer.*fn1 Appellee eliminated Grievant's job in February of 1984 and instructed him not to report for work on March 5, 1984. Grievant thereafter attempted to exercise seniority rights under the parties' collective bargaining agreement in order to "bump" into another position.*fn2 Appellee prohibited Grievant from doing so on the ground that Grievant was a supervisory employee and therefore was not included within the bargaining unit.

Appellant filed a grievance on behalf of Grievant, alleging that Grievant was a member of the bargaining unit and that Appellee had violated the terms of the collective bargaining agreement by refusing to allow Grievant to exercise seniority rights under the agreement. Appellant contended that Grievant was not a supervisor arguing that Grievant had paid union dues, was a member of the bargaining unit at one time, was not officially promoted, and that his name was on several seniority lists.

A hearing was held before an arbitrator on January 16, 1985.*fn3 By decision dated March 11, 1985, the arbitrator

[ 115 Pa. Commw. Page 607]

    determined that that Grievant was a supervisory employee and thus was not a member of the bargaining unit at the time his job was eliminated.*fn4 The arbitrator concluded that Appellee had not violated the ...


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