Township of Penn v. American Federation of State, County & Municipal Employees, District Council No. 89
Township of Penn v. American Federation of State, County & Municipal Employees, District Council No. 89
Opinion of the Court
The American Federation of State, County and Municipal Employees, AFL-CIO, District Council No. 89 (Union) and Dennis Guy-ton appeal from an order of the York County Court of Common Pleas (trial court) which vacated an arbitrator’s award and granted
The Township operates a Waste Water Treatment Plant (Plant). (R.R. at 37a.) The Union, on behalf of certain Plant employees, and the Township were parties to a collective bargaining agreement (agreement), effective January 1,1995 through December 31,1998.
On January 22, 1996, David Saltzgiver, a Plant Operator III, assigned Guyton and David Young, a Plant Operator II, to clean certain problem areas in the sewer collection system.
Later that day, Saltzgiver observed that the water levels in the tanks on the truck used by Guyton and Young were identical to the water levels when the truck left the Plant earlier that day and that the flushing hose was dry, indicating that the sewer lines had not been cleaned. (R.R. at 38a-39a.) Saltz-giver questioned Guyton, who indicated that he and Young had started cleaning at Muller-town and Westminster Avenue; however, based on the condition of the truck, Saltzgiver suspected that the work had not been performed as Guyton stated. (R.R. at 39a.)
Saltzgiver reported his suspicions to William Mahone, the Plant Superintendent, who personally inspected the manholes at the locations Guyton claimed to have cleaned; Ma-hone determined that the manholes never had been opened. (R.R. at 39a.) Mahone then asked Guyton which areas he had cleaned, and Guyton indicated that he and Young had cleaned various locations. (R.R. at 39a.) When Mahone asked Young the same question, Young identified the identical areas named by Guyton. (R.R. at 39a.) Ma-hone informed Young of his inspection of the manholes and of his conclusion that the manhole covers had never been opened. (R.R. at 39a.) In response, Young stated that he and Guyton had been unable to remove the manhole covers at the troubled area, so they flushed the water from the next manhole. (R.R. at 39a.)
The next morning, Mahone asked Guyton to show him on a map the exact manhole covers which had been opened to clean the sewer line. (R.R. at 40a.) At this time, Guyton acknowledged that he and Young had not performed any cleaning, and, when Ma-hone asked Guyton what the two men did the morning of January 22, Guyton failed to give a definitive answer. (R.R. at 40a.) Mahone then conferred with Jeffrey Garvick, the Township Manager, who advised Mahone to conduct a pre-diseiplinary hearing. (R.R. at 40a.) Mahone conducted the hearing and recommended that the Township terminate Guyton and Young. (R.R. at 40a.) Garvick received Mahone’s report and recommendation, conducted his own review of the matter and determined that the incident involved willful insubordination, or disobedience, a Group I offense under the Township Guide
The Union grieved the Township’s action on behalf of Guyton,
The Township filed a Petition to Modify the Arbitration Award, and, subsequently, a motion for summary judgment, requesting that the trial court modify the arbitrator’s award and reinstate Guyton’s termination. The trial court concluded that the arbitration award was “manifestly unreasonable” in light of the arbitrator’s findings and stated:
It is apparent that the Arbitrator mixes metaphors by saying that [Guyton] “did not refuse to follow directives ... he simply did not follow them.” A definition of willful insubordination can simply mean that one is voluntarily not submissive to authority. One need not have an open rebellion to rise to the level of willful insubordination. Voluntary non-action by an employee, in spite of direction to the contrary, may suffice. [Guyton’s] consciousness or awareness of his improper actions may be inferred from his lying about his performance of these tasks. Not only do the lies provide insight into the degree of [Guyton’s] conduct, the lies themselves provide independent acts of insubordination. [Guyton] was asked by his employer as to what work was performed as a result of employer’s directive and he proceeded to tell voluntarily a non-truth.
The Arbitrator went beyond the [a]greement and Rules evaluating how Young was treated and contrasting Young with Guy-ton, who had a substantial disciplinary history.
(R.R. at 61a.) Based on the foregoing reasons, the trial court held that the arbitration award did not draw its essence from the agreement, and, therefore, the trial court reinstated Guyton’s termination. The Union now appeals from the order of the trial court, arguing that the arbitration award draws its essence from the agreement between the Township and the Union and, thus, must be confirmed.
It is well-settled that an appellate court’s scope of review of a grievance arbitration award is the “essence test.” School District of Springfield Township v. Springfield Township Educational Support Personnel Association, 711 A.2d 602 (Pa.Cmwlth. 1998). We are limited under the essence test to determining whether the arbitrator’s award can in any way be rationally derived from the collective bargaining agreement in light of the language of the agreement, its context and any other indicia of the parties’ intention. Id.; American Federation of State, County and Municipal Employees, District Council 88, AFL-CIO v. City of Reading, 130 Pa.Cmwlth. 575, 568 A.2d 1352 (1990) (AFSCME). This court may not review the merits of the arbitrator’s decision, nor may we substitute our judgment for that of the arbitrator, even if our interpretation of the collective bargaining agreement would differ from that of the arbitrator.
In this case, the issue before the arbitrator was whether just cause existed to
Accordingly, we affirm the order of the trial court vacating the award of the arbitrator and reinstating Guyton’s termination.
ORDER
AND NOW, this 30th day of June, 1998, the order of the Court of Common Pleas of York County, dated September 26, 1997, at No. 97-SU-00789-0, is hereby affirmed.
. The Union represents Plant employees classified as Plant Operator I and Plant Operator II. (R.R. at 37a.) Plant Operator I employees "perform!] entry-level plant operation and laboratory testing for operational parameters,” while Plant Operator II employees "operate!] or supervise!] the operation of the treatment facilities that control flow and processing of waste water, residual and final effluent” and are only to perform lead work responsibilities if the Operator III or Plant Superintendent is absent. (R.R. at 37a.) Plant Operator III employees perform supervisory duties and make the daily work assignments to Plant personnel; they are not included in the bargaining unit. (R.R. at 37a.)
. The final step of section 1 of Article 14 of the agreement provides, in relevant part, "[t]he arbitrators shall neither add to, subtract from, nor modify the provisions of this agreement. The arbitrators shall confine themselves to the precise issue submitted for arbitration and shall have no authority to determine any other issue not so submitted to them.” (R.R. at 20a-21a.)
. Specifically, Guyton and Young were assigned to the sewer lines on Westminster Avenue, South Blettner Street, Hill Street and, later, a clogged sewer line on Baer Avenue. (R.R. at 52a.)
. The Township Guidelines describe Group I offenses as "violations of intent subjecting employees to immediate dismissal.” (R.R. at 37a-38a.)
. Specifically, Guyton had received: (1) a written warning for using a Plant vehicle for personal use; (2) verbal warnings for inaccurate test results, poor attitude and performance, misreading deduction meters and creating discord with other Plant employees; (3) a written warning for careless work performance and for damaging Township property; (4) a written warning for causing a traffic accident when he pulled a Township vehicle from a cross street into the path of an oncoming car which had the right-of-way; and (5) a suspension for misrepresenting that his son was a college student, and, thus, entitled to medical insurance coverage when, in fact, his son never attended post-secondary school. (R.R. at 55a.)
. Section 903 of the Public Employe Relations Act (Act 195), Act of July 23, 1970, P.L. 563, os amended, 43 P.S. § 1101.903, illustrates the legislature’s interest in promoting collective bargaining by having grievances resolved not by strikes, boycotts or lockouts, but, rather, through a grievance procedure, with the final step of arbitration to be taken by either party to the agreement. The policy in this Commonwealth mandates the arbitration of public employee grievances arising out ,of the provisions of a collective bargaining agreement, and the settlement of labor disputes via arbitration is considered " 'part and parcel of the collective bargaining process itself.’ ” American Federation of State, County and Municipal Employees, District Council 88, AFL-CIO v. City of Reading, 130 Pa.Cmwlth. 575, 580, 568 A.2d 1352, 1354 (1990) (quoting United Steelworkers of America v. Warrior & Gulf Navigation Co., 363 U.S. 574, 578, 80 S.Ct. 1347, 4 L.Ed.2d 1409 (1960)).
. The following issues were presented to the arbitrator: "Was there just cause for the termination of [Guyton]? If not, what shall be the remedy?" (R.R. at 36a.)
. The Township and the Union agreed that a single arbitrator would resolve the issues instead of presenting them to a tripartite arbitration panel. (R.R. at 56a.)
. In his opinion, the arbitrator held that "the Township has abundantly established that just cause existed to discipline [Guyton], The question therefore becomes whether just cause existed to discipline [Guyton] by way of termination. After careful consideration, I am persuaded by the Union that it did not.” (R.R. at 46a) (emphasis added.)
. In determining that Guyton’s actions were not willful insubordination so as to justify termination pursuant to the Guidelines, the arbitrator stated:
Insubordination of the type understood to constitute just cause for termination normally involves an employee refusing to perform a task or to comply with an order given him by a superior. Here[, Guyton] did not refuse to follow Saltzgiver’s directives on the morning of January 22, he simply did not follow them. While the difference between refusing to perform work assigned and not doing the work may not be great, it is real insofar as the commonly understood meaning of workplace insubordination is concerned.
(R.R. at 46a.)
. With regard to the fact that Guyton had a prior disciplinary record while Young did not, the arbitrator held that this could not be the only justification for imposing a different penalty on the two employees and stated, ”[w]hile [Guy-ton’s] prior record was indeed not exemplary, prior to January 22 the strongest disciplinary
. While the arbitrator ordered Guyton reinstated to his former position with full seniority, the arbitrator determined that it should not be accompanied by back pay because the Township had established that Guyton committed a serious offense and that permitting back pay would send the wrong message to Guyton and the other employees. (R.R. at 48a-49a.)
. In AFSCME, we stated:
The function of the court is very limited when the parties have agreed to submit all questions of contract interpretation to the arbitrator. It is confined to ascertaining whether the party seeking arbitration is making a claim which on its fact [sic] is governed by the contract. Whether the moving party is right or wrong is a question of contract-interpretation for the arbitrator. In these circumstances the moving party should not be deprived of the arbitrator's judgment, when it was his judgment and all that it connotes that was bargained for.
AFSCME, 568 A.2d at 1355 (quoting United Steelworkers of America v. American Manufacturing Co., 363 U.S. 564, 567-68, 80 S.Ct. 1343, 4 L.Ed.2d 1403 (1960)).
. Here, Section 1 of Article 17 of the agreement provides, (emphasis added), “[t]he Employer shall not demote, suspend, discharge or take any disciplinary action against an employee without just cause." (R.R. at 25a.)
. In his opinion, the arbitrator assumed that Guyton’s conduct constituted a Group I offense for which termination is a suitable discipline, but, nonetheless, altered the penalty for Guyton because the arbitrator felt that the discipline was unfairly meted out between the two employees.
. In Manheim Central Education Association we stated:
The arbitrator concurred in the [Liquor Control Board] findings that [the grievant] committed the charged acts of impropriety. That finding established the "just cause” for the dismissal. At that point, the inquiry should have ended and the [Liquor Control Board] action sustained. The further actions by the arbitrator in this manner cannot rationally be derived from the collective bargaining agreement.
Manheim Central Education Association, 572 A.2d at 35 (quoting Pennsylvania Liquor Control Board v. Independent State Stores Union, 520 Pa. 266, 278, 553 A.2d 948, 954 (1989)).
Reference
- Full Case Name
- TOWNSHIP OF PENN, York County, Pennsylvania v. AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO, DISTRICT COUNCIL NO. 89, and Dennis Guyton
- Cited By
- 8 cases
- Status
- Published