Appeal from the Order of the Court of Common Pleas of Westmoreland County, in the case of In the Matter of the Township of North Huntingdon v. North Huntingdon Township Police Union, No. 3708 of 1987.
Robert E. Durrant, with him, Michael L. Brungo, Meyer, Darragh, Buckler, Bebenek & Eck, for appellant.
Raymond F. Sekula, for appellee.
Judges Barry and Smith, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Judge Barry.
[ 123 Pa. Commw. Page 328]
The Township of North Huntingdon (Township) appeals from an order of the Court of Common Pleas of Westmoreland County denying its petition to vacate an arbitrator's award. We affirm.
On June 7, 1986, the Township administered examinations for promotions to the ranks of sergeant and lieutenant. Patrolman Charles E. Henaghan scored highest on each exam and was placed first on the two eligibility lists published by the Township Civil Service Commission.
On August 13, 1986, the Township's Public Safety Director made promotion recommendations to the Township Commissioners. He recommended a sergeant who scored second on the exam for promotion to lieutenant and a corporal who scored sixth as well as a patrolman who scored second on the exam for promotion to sergeant. The Commissioners accepted the Public Safety Director's recommendations and made the corresponding promotions.
Henaghan filed a grievance contending that the Township violated the terms of the collective bargaining
[ 123 Pa. Commw. Page 329]
agreement (agreement) by failing to promote him to the rank of lieutenant. The grievance was submitted to arbitration with the Township preserving the right to argue the jurisdiction of the arbitrator as well as the merits of the grievance.
The arbitrator determined that the grievance was properly before him and decided the merits in Henaghan's favor. He entered an award promoting Henaghan to the rank of lieutenant and awarded back pay for the difference in compensation.
The Township petitioned for review of the award to the trial court which affirmed the arbitrator. The ...