Appeal from the Order of the Court of Common Pleas of Beaver County, in the case of Midland Borough School District v. Midland Education Association, PSSPA/PSEA, No. 1716 of 1986.
William J. Maikovich, for appellant.
Richard E. Davis, for appellee.
Judges MacPhail, Colins, and McGinley, sitting as a panel of three. Opinion by Judge MacPhail.
[ 116 Pa. Commw. Page 192]
Appellant Midland Education Association (Association) appeals an order of the Beaver County Court of Common Pleas which vacated in part and affirmed in part an arbitrator's award issued pursuant to a grievance filed by the Association against Midland Borough School District (District).
The Association filed its grievance on April 14, 1986, under a collective bargaining agreement between the Association and the District which was in effect for the period September 1, 1984 through August 31, 1986. The dispute arose over a decision of the District to close certain schools and send students to a neighboring school district. This was to take effect in the 1986-1987 school year, which began on August 26, 1986. In the grievance, the Association alleged the following:
The Midland Area School District violated Articles I, IV, V, VII, and XIII of the Collective
[ 116 Pa. Commw. Page 193]
Bargaining Agreement by their action of April 9, 1986 to tuition students in grades 7-12 to the Beaver Area School District.
The Association alleges that the tuitioning of students constitutes subcontracting of bargaining unit work. No bargaining with the Association has occurred prior to the District's reaching the decision to subcontract bargaining unit work. Accordingly, the decision to subcontract is in violation of the above cited provisions of the Collective Bargaining Agreement.
Reproduced Record (R.R.) at 19a.
The matter was assigned to an arbitrator, who, on November 5, 1986, issued ...