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Home My WebLink About95-00869 5 p:. J 0- ~ co v; ;# - 8 o J :1. /~ '-/ ~ I I .... ;., I u c c ,. '..-1 1:1 " . ". ". 8 c .~ ". c E E c Q c = .c ~ t:l .~ C .. ~ Q .l: I- ~ .... c.. ~ ~ "-l If) = a> .. iB Q a> ~ " ..... ...-1 ~ "-l .~ ~ .. 1tI Ii: ... ci > ~ - ] (J c a:: . 0 i.i: (J '" '..-1 ::; .., Ql Ql .... ... <Xl CXJ ~ ~ 1tI "-l c M I .~ .~ '..-1 X to N If) ~ "-l ] ..... '" ~ ~ ~ E .E E :! u C .; 0 .. c ~ .. 0 0 z ;z u.. Q .:: u w . PAGE 00. 1 - 54 55 - 71 72 73 74 - 80 Among the Records and Proceedings enrolled in the coUll of Common Picas in and for the county of Cunberland 1238 C.D. 1995 95-869 Civil Term is contained the following: in the Commonwealth of Pennsylvania to No. Term. 19 COpy OF Appearance DOCKET ENTRY CARLISLE AREA SCHOOL DISTRICT VS. CARLISLE AREA EDUCATION ASSOCIATION Feb. 17, 1995, Petition for Review and Application to Vacate Award of Arbitrator, filed. March 8, 1995, Answer to Petition for Review. filed. March 8, 1995, Praecipe for Listing Case for Argument. filed. March 16, 1995, Sheriff's Return of Service April 25, 1995, Opinion and Order of Court, filed. In Re: Appeal fran Award of Arbitrator AND l'Ol, this 24th day of April, 1995, the award of the brbitrator dated February 3, 1995. IS SUSTAINED. The appeal of the Carlisle Area School District fran that award. IS DISMISSED. By the Court. Edgar B. Bayley. J. 80 - 63 Hay 22, 1995, Notice of Appeal. filed. NOTICE is hereby given that Carlisle Area School District. Petitioner ubove named. hereby appeals to the Calmonwealth Court of Pennsylvania fran the Order entered in this matter on the 24th day of April, 1995. This Order has been entered in the docket as evidenced by the attached copy of the docket entry. By: Janes D. Flower, Esq. 84 - 88 JlDle 1, 1995, Cannonwealth Court of Pennsylvania Official D:x:ket # 1238 C.D. 1995. 89 - 12 Briefs CERTU'ICATE AND TRANSMITTAL m' IlECOIW UNDER PENNSYI.vANIA RUI.E OF APPELI.ATE PROCEDUIlE 1931 ( c) To the Prothonotary of the Appellate Court to which the within matter has been appealed: COMMONWEALTH COURT OF PENNSYLVANIA THE UNDERSIGNED, Prothonotary of the Court of Common Pleas of CUMBERLAND County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as r~uired by PA R.A.P. 1925, the original papers and exhibits, if alS" on :file, the transcript of the proceedings, if any. and the dock~ en~iies in the following matter: ~ ~ ~'" .. m C;:alle:;No. 95-B69 Civil Term: No. 1238 C.D. 1995 Q ..- ':'~.... ~ (J"") " :~.~ CARLISLE AREA SCHOOL DISTRICT co ,.!J 1'" .1 ~.'., VS. z ~ -, CARLISLE AREA EDUCATION ASSOCIATION The documents comprising the record have been numbered from No. I to No. 127 ,and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the appellate court is June 5. 1995 (Seal of Court) Prothonotary An additiona1 copy of this certificate is enc1osed. Please sign and date copy. thereby acknow1edging receipt of this record. RECORD RECEIVED: Date: (signature & title) IN THE COMMONWEALTH COURT OF PENNSYLVANIA CARLISLE AREA SCHOOL DISTRICT, Appellant v. NO. 1238 C.D. 1995 I Argued: December 4, 1995 CARLISLE AREA EDUCATION ASSOCIATION BEFORE: ~ONORABLE uAMES GARDNER COLINS, President Judge HONORABLE DORIS A. SMITH, Judge HONORABLE GEORGE T. KELTON, Senior Judge OPINION NOT REPORTED MEMORANDUM OPINION BY SENIOR JUDGE KELTON FILED: January 5. 1996 The Carlisle Area School District (District) appeals from the April 24, 1995 order of the Court of Common Pleas of Cumberland County (trial court) which sustained an award of an arbitrator on a grievance filed by the Carlisle Area Education Association (Association) concerning the parties' July 22, 1994 collective bargaining agreement. We affirm. Issue The issue before us on appeal is whether, under the "essence test" scope of review, the trial court erred in sustaining the award in favor of the Association: Facts The Association is the exclusive bargaining representative for a group of professional employees employed by the District. The previous collective bargaining agreement between the District and the Association expired in the summer of 1992. In a new agreement, which was signed on July 22, 1994, the parties agreed that the professional employees would not receive raises for the 1992-93 school year but would receive retroactive bonuses. Article III, Section A, Paragraph I of the agreement provides as follows: . ., Actively employed members of the bargaining unit at time of signing are eligible for retroactive bonus and salary adjustments for 92-93 and 93-94. It is understood that for 1992-93, each employee will continue to occupy the same salary step as occupied by the employee for 1991-92. For 1993-94 and each year thereafter, each employee will advance one step on the schedule for each year of service until the employee has reached step 22. (R.R. at 8a.) A footnote to the 1992-93 salary schedule in the agreement provides as follows: Note: In addition to salary each FTE memberllJ at time of signing, employed for the entire 92-93 fiscal year will receive a $1,000 bonus; each part-time member will receive a proportional part of the bonus. (R.R. at 11a.) The District interpreted these provisions as excluding from the bonus a total of eighteen people, comprised of three types of bargaining unit members: (1) seven members who were hired after July 1, 1993; (2). six members who were 'on unpaid child- rearing or personal leaves for all or a I The parties' counsel agreed at argument that "FTE member" means "Full Time Professional Employee." 2. ( portion of fiscal 1992-93; (3) five members on unpaid child-rearing or personal leave as of July 22, 1994, the date of the signing of the agreement. The District did not pay the $1,000 bonus or a proportional portion thereof to any member who fell within those three categories. The Association filed a grievance and an arbitrator held a hearing. The arbitrator decided in favor of the Association. She found that the term "actively employed" was not defined in the agreement. She turther determined that the District's literal interpretation of the term "actively employed" as meaning "rendering service" would render the bonus provision inapplicable to any member. The arbitrator concluded that no member could be actively employed on July 22, 1994 under the District's interpretation because school was not in session on that date. She further concluded that no member could be actively employed for the entire fiscal year under the District's interpretation because no one taught during Christmas and summer vacation. The arbitrator rej ected the District's 11 teral interpretation of. the disputed language and found that the intent of the parties was to give those members who were on unpaid leave a proportional amount of the bonus. The arbitrator determined that the District violated the terms of the agreement by failing to give the bonuses to the eighteen members who fell within the three categories listed above. The District appealed to the trial court. The trial court affirmed the arbitrator, holding that its scope of review is limited to whether the terms of the agreement encompass the subject matter of the dispute that was submitted to arbitration. The trial 3. court found that the terms of the agreement do encompass the subject matter of the dispute and, therefore, held that it must defer to the decision of the arbitrator. ) Discussion The District contends that the trial court applied the . wrong scope of review in reviewing the arbitrator's award. Neither party disputes that the proper scope of review is found in Section 7302 (d) (2) of the Uniform Arbitracion Act (U.A.A.), 42 Pa. C.S. S7302(d) (2), which provides in relevant part as follows: (2) Where this paragraph is applicable a court in reviewing an arbitration award pursuant to this subchapter shall, notwithstanding any other provision of this subchapter, modify or correct the award where the award is contrary co law and is such that had it been a verdicc of a jury the court would have entered a different judgment or a judgment notwithstanding the verdict. 42 Pa. C.S. !i7302(d) (2). This scope of review under the U.A.A. has been referred to as the "essence test" and has been explained in numerous arbitration cases. The "essence test" is "essentially a determination of whether the award draws it essence from the collective bargaining agreement or was manifestly unreasonable." Austin Area Education Association v. Austin Area School District, 634 A.2d 276, 278 (Pa. Cmwlth. 1993), Detition for allowance of aDDeal denied, 537 Pa. 653, 644 A.2d 738 (1994); ~~, Souderton Area School District v. Souderton Area Education Association, 639 A.2d 904, 905 (pa. Cmwlth.), Detition for allowance of aDDeal denied, ___ Pa. ___,655 4. . A.2d 519 (1994).2 "[W]e are confined to a determination of whether the arbitrator's decision could be rationally derived from the collective bargaining agreement, viewed in light of its language, its context and any other indicia of the parties' intentions.. Austin, 634 A.2d at 278. "Subsumed within the essence test standard of review is the requirement that the arbitrator's interpretation of the agreement cannot be manifestly unreasonable. . Board of Education of the School District of Philadelohia v.' Philadelohia Federation of Teachers, 610 A.2d 506, 508 (Pa. Cmwlth. 1992) . In this case, the arbitrator determined that "actively employed" was not defined anywhere in the agreement and that the District's proposed interpretation of that t:erm was illogical because it would necessarily mean that no employee would be entitled to the bonus, The arbitrator interpreted the term "actively employed" based on her understanding of the parties' intention that the bonus would be paid to every member who had not retired or resigned before the date of the signirig. We cannot conclude that this interpretation of the agreement: was ,imanifestly unreasonable". The arbitrator was correct in noting that "actively employed" was not defined in the agreement, leaving her fr~e to consider how the parties themselves. intended to use that term. Therefore, we must conclude that the arbitrator's award, giving 2 In Austin Area School District, we concluded that the arbitrator's award was_manifestly unreasonable because he reached his decision by interpreting a spreadsheet which he expressly concluded was not within the four corners of the agreement. 5. further clarification of an undefined term, was drawn from the essence of the agreement and could rationally be derived from it. Although we certainly would not have reached this result ourselves, we are constrained to affirm the trial court's order to sustain the award. The arbitrator may have approached the bounds of logic in concluding that each member in the three categories was. entitled to a bonus. For example, it is difficult to understand how someone hired after July 1, 1993 could have "'o't'lcf'!d for th~' entire 1992-93 fiscal year; it also stretches the imagination to find that a professional employee who was on personal leave on July 22, 1994 when the agreement was signed, is one of the "actively employed members of the bargaining unit." However, we conclude ~ i ~ ~ t , that our scope of review does not permit us to overturn an arbitrator's award simply because we disagree with such a result. Therefore, we must affirm the order of the trial court and sustain the arbitrator's award in favor of the Association. ~ y JI~ GE~~KELTON, Senior Judge 6. I IN THE COMMONWEALTH COURT OF PENNSYLVANIA ~ ., CARLISLE AREA SCHOOL DISTRICT, Appellant v. I I I NO. 1238 C.D. 1995 CARLISLE AREA EDUCATION ASSOCIATION I ORDBR AND NOW, this ~ day of Januarv , 1996, the order of the Court of Common Pleas of CUmberland County dated April 24, 1995, at No. 95-0869 Civil Term is hereby affirmed. d~ GE RG~. KELTON, Senior Judge CERTIFlrD FROM THE RECORD ~. AND ORDER EXIT JAN 5 1996 C?;:> ,4:;Jvu:.. :I Deputy Prtilhollotlll}' - Chief Cler: 0 \..':J 0 C' 0" '11 '- '- :;-3 -:l:~i ;':-: (;ifQ U!UI ",.>..,1 -'~ . !... U?~:; :"':1 ::'J :::.<;". :;'~ ~.~ ':' ~ ~~'~ ~ 1 t..l' ... ~- ',~ i'S ~ fi 1 ""--; S! :c.l 0'1 ~.n -, tJl -< RE: CARLISLE AREA SCH. DIST. v.CARLISLE ED ASS Lower Court No: 95-0869CIV Appealed Date: April 24, 1995 county: cumberland commonwealth Docket .: 1238 C.D. 1995 IN THE COMMONWEALTH COURT OF PENNSYLVANIA CERTIFICATE OF CONTENTS OF REMANDED RECORD AND ~ICE OF REMAND UNDER PENNSYLVANIA RULES OF APPELLATE PROCEDURE 2571 AND 2572 (e) THE UNDERSIGNED, Prothonotary or Deputy Prothonotary of the Commonwealth Court of Pennsylvania, the said court being a court of record, does hereby certify that annexed to the original hereof is the whole and entire record as remanded from the Commonwealth Court, in compliance with Pennsylvania Rules of Appellate Procedure 2571 and 2572(e). An additional copy of this certificate is enclosed with the original hereof and the clerk or prothonotary of the lower court or the head, chairman, deputy or secretary of the government unit is hereby directed to acknowledge receipt of the remanded record by executing such c~py at the place indicated and by returning the same IMMEDIATELY. , " lU .- L.; ( , L , . , I .- '. (..1 .- ., r: -.'~ ,'."' L. , L. .- ; , .. J .-. . ,- I , "':.' ,. ; Office of the Chief Clerk Commonwealth Court of Pennsylvania P.O. Box 11730 South Office Building Harrisburg, PA 17108 (717) 783-3215 or 783-7058 - (}'J2 ff~~k ~ Deputy Prothonotary/Chief Clerk (Seal or Court) Rec~rd Received: Reason for Remand Date record Remanded Affirmed April 9, 1996 - MIC : \ IN THE COMMONWEALTH COURT OF PENNSYLVANIA , , ,-., CARLISLE AREA SCHOOL DISTRICT, Appellant j,.; ') .1 -".1 ". ) NO. 1238 C.D:' 199!5'-' ;'" Argued: December :4, i99S',! ~'... . v. CARLISLE AREA EDUCATION ASSOCIATION BEFORE: HONORABLE JAMES GARDNER COLINS, President Judge HONORABLE DORIS A. SMITH, Judge HONORABLE GEORGE T. KELTON, Senior Judge OPINION NOT REPORTED MEMORANDUM OPINION BY SENIOR JUDGE KELTON FILED: Januarv 5. 1996 The Carlisle Area School District (District) appeals from the April 24, 1995 order of the Court of Common Pleas of CUmberland County (trial court) which sustained an award of an arbitrator on a grievance filed by the Carlisle Area Education Association (Association) concerning the parties' July 22, 1994 collective bargaining agreement. We affirm. Issue The issue before us on appeal is whether, under the "essence test" scope of review, the trial court erred in sustaining the award in favor of the Association. Facts The Association is the exclusive bargaining representative for a group of professional employees employed by . , . the District. The previous collective bargaining agreement between the District and the Association expired in the summer of 1992. In a new agreement, which was signed on July 22, 1994, the parties agreed that the professional employees would not receive raises for the 1992-93 school year but would receive retroactive bonuses. Article III, Section A, Paragraph I of the agreement provides as.'. follows: Actively employed members of the bargaining unit at time of signing are eligible for retroactive bonus and salary adjustments for 92-93 and 93-94. It is understood that for 1992-93, each employee will continue to occupy the same salary step as occupied by the employee for 1991-92. For 1993-94 and each year thereafter, each employee will advance one step on the schedule for each year of service until the employee has reached step 22. (R.R. at 8a.) A footnote to the 1992-93 salary schedule in the agreement provides as follows: Note: In addition to salary each FTE memberlll at time of signing, employed for the entire 92-93 fiscal year will receive a $1,000 bonus; each part-time member will receive a proportional part of the bonus. (R.R. at 11a.) The District interpreted these provisions as excluding from the bonus a total of eighteen people, comprised of three .types of bargaining unit members: (1) seven members who were hired after July 1, 1993 ; (2)' six members who were 'on unpaid child- rearing or personal leaves for all or a I The parties' counsel agreed at argument that "FTE member" means "Full Time Professional Employee." 2. . portion of fiscal 1992-93/ (3) five members on unpaid child-rearing or personal leave as of July 22, 1994, the date of the signing of the agreement. The District did not pay the $1,000 bonus or a proportional portion thereof to any member who fell within those three categories. The Association filed a grievance and an arbitrator held a hearing. The arbitrator decided in favor of the Association. She found that the term "actively employed" was not defined in the agreement. She further determined that the District's literal interpretation of the term "actively employed" as meaning "rendering service" would render the bonus provision inapplicable to any member. The arbitrator concluded that no member could be actively employed on July 22, 1994 under the District's interpretation because school was not in session on that date. She further concluded that no member could be actively employed for the entire fiscal year under the District's interpretation because no one taught during Christmas and summer vacation. The arbitrator rejected the Districr.' s literal interpretation of, the disputed language and found that the intent of the parties was to give those members who were on unpaid leave a proportional amount of the bonus. The arbitrator determined that the District violated the terms of the agreement by failing to give the bonuses to the eighteen members who fell within the three categories listed above. The District appealed to t!'1e trial court. The trial court affirmed the arbitrator, holding that its scope of review is limited to whether the terms of the agreement encompass the subject matter of the dispute that was submitted to arbitration. The trial 3. court found that the terms of the agreement do encompass the subject matter of the dispute and, therefore, held that it must defer to the decision of the arbitrator. Discussion The District contends that the trial court applied the , wrong scope of review in reviewing the arbitrator's award. Neither party disputes that the proper scope of review is found in Section 7302 (d) (2) of the Uniform Arbitration Act (U.A.A.), 42 Pa. C.S. S7302(d) (2), which provides in relevant part as follows: (2) Where this paragraph is applicable a court in reviewing an arbitration award pursuant to this subchapter shall, notwithstanding any other provision of this subchapter, modify or correct the award where the award is contrary to law and is such that had it been a verdict of a jury the court would have entered a different judgment or a jUdgment notwithstanding the verdict. 42 Pa. C.S. S7302(d) (2). This scope of review under the U.A.A. has been referred to as the "essence test" and has been explained in numerous arbitration cases. The "essence test" is "essentially a determination of whether the award draws it essence from the collective bargaining agreement or was manifestly unreasonable." Austin Area Education Association v. Austin Area School District, 634 A.2d 276, 278 (Pa. Cmwlth. 1993), cetition for allowance of acceal denied, 537 Pa. 653, 644 A.2d 738 (1994); ~~, Souderton Area School District v. Souderton Area Education Association, 639 A.2d 904, 905 (Pa. Cmwlth.l, cetition for allowance of acceal denied, ___ Pa. ___,655 4. \ A.2d 519 (1994). Z "[I'll e are confined to a determination of whether the arbitrator's decision could be rationally derived from the collective bargaining agreement, viewed in light of its language, its context and any other indicia of the parties' intentions." Austin, 634 A.2d at 278. "Subsumed within the essence test standard of review is the requirement that the arbitrator's interpretation of the agreement cannot be manifestly unreasonable." Board of Education of the School District of PhiladelDhia v.: Philadelohia Federation of Teachers, 610 A.2d 506, 508 (Pa. Cmwlth. 1992) . In this case, the arbitrator determined that "actively employed" was not defined anywhere in the agreement and that the District's proposed interpretation of that term was illogical because it would necessarily mean that no employee would be entitled to the bonus. The arbitrator interpreted the term "actively employed" based on her understanding of the parties' intention that the bonus would be paid to every member who had not retired or resigned before the date of the signing. We cannot conclude that this interpretation of the agreement was o;manifestly unreasonable". The arbitrator was correct in noting that "actively employed" was not defined in the agreement, leaVing her free to consider how the parties themselves intended to use that term. Therefore, we must conclude that the arbitrator's award, giving 2 In Austin Area School District, we concluded that the arbitrator's award wa~manifestly unreasonable because he reached his decision by interpreting a spreadsheet which he expressly concluded was not within the four corners of the agreement. 5. further clarification of an undefined term, was drawn from the essence of the agreement and could rationally be derived from it. Although we certainly would not have reached this result ourselves, we are constrained to affirm the trial court's order to sustain the award. The arbitrator may have approached the bounds of logic in concluding that each member in the three categories was. entitled to a bonus. For example, it is difficult to understand how someone hired after July 1, 1993 could have worked for th~' entire 1992-93 fiscal year; it also stretches the imagination to find that a professional employee who was on personal leave on July 22, 1994 when the agreement was signed, is one of the "actively e Y %4f: GE~KELTON. Senior JUdge employed members of the bargaining unit. II However, we conclude that our scope of review does not permit us to overturn an arbitrator's award simply because we disagree with such a result. Therefore, we must affirm the order of the trial court and sustain the arbitrator's award in favor of the Association. 6. .......... ,^" CERTIFICATE AND TRANSMITTAL OF RECORD UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (cl . To the Prothonotary of the Appellate Court to which the within matter has been appealed: COMMONWEALTH COURT OF PENNSYLVANIA THE UNDERSIGNED, Prothonotary of the Court of Common Pleas of CUMBERLAND County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on file. the transcript of the proceedings. if any, and the docket entries in the following matter: Case No. 95-869 Civil Term: No. 1238 C.D. 1995 CARLISLE AREA SCHOOL DISTRICT VS. CARLISLE AREA EDUCATION ASSOCIATION The documents comprising the record have been numbered from No.1 to No. 127 ,and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness. including with respect to each document. the number of pages comprising the document. The date on which the record has been transmitted to the appellate court is June 5. 1995 (Seal of Court) Prothonotary An additional copy of this certificate is enclosed. Please sign and date copy. thereby acknowledging receipt of this record. RECORD RECEIVED: n t:er~ltl~' ~\~~, -,' , " .' ,.., I ..'~ ('\') ".\ \ .. tIt ~.~I~,~, J ,\'''' S~, ,"U.." 7, - lW (signature & title) J J ..., ,., oJ J E - .s to c ::I " S ~ Q U Ii E E c Ill: ... ~ ~ .!'l 0 'e i ..., U A. ~ III If> Ill: 0- .. Q 0- :;:1 ::I ,..; i: III .::i ~ u ~ - .... . ~ ... ] - c u c - . .!'l 110 Ii: u 0- '" ~ ~ ..., ~ 1! (X) (X) .:!j III "" I ~ ~ ~ .. N If> .~ III 1! ,..; 0- a a " e ..J E :!l :l! .D u ci ci " .. - ~ 0 " " c ;z ;z u.. -= u w v "'" PAGE r<<>. 1 - 54 55 - 71 72 73 74 - 80 .. -- Among the Records and Proceedings enrolled in the court or Common Pleas in and ror the county or Cunberland 1238 C.D. 1995 95-869 Civil Term is contained the rollowing: in the Commonwealth or Pennsylvania to No. Term. 19 COPY OF Appearance DOCKET ENTRY CARLISLE AREA SCHOOL DISTRICT VS. CARLISLE AREA EDUCATION ASSOCIATION Feb. 17, 1995, Petition for Review and Application to Vacate Award of Arbitrator, filed. March 8, ~995, Answer to Petition for Review, filed. March 8, ~995, Praecipe for Listing Case for Argument, filed. March ~6, ~95, Sheriff's Return of Service April. 25, ~95, Opinion and Order of Court, filed. In Re: Appeal from Award of Arbitrator AND!IOl, this 24th day of April, 1995, the award of the brbitrator dated February 3, 1995, IS SUSTAINED. The appeal of the Carlisle Area School District from that award, IS DISMISSED. By the Court, Edgar B. Bayley, J. 80 - 83 May 2'Z, ~995, Notice of Appeal, filed. NOl'ICE is hereby given that Carlisle Area School District, Petitioner above named, hereby appeals to the Coornonwealth Court of Pennsylvania from the Order entered in this matter on the 24th day of April, 1995. This Order has been entered in the docket as evidenced by the attached copy of the docket entry. By: Janes D. Flower, Esq. 84 - 88 June~, ~995, Coornonwealth Court of Pennsylvania Official Docket II 1238 C.D. 1995. 89 - 12 Briefs , ~ ~ ~ - a ~ ~ >-... "'.... ":r. ''-0;'" un. n o Z c, ;r l-=O(.)~ I... 'J: C.... .-J Q~":'~';. . -'-m ,:~> ~: at:r ~_lwLol'~j --. ;,Dw. ,-. ;:;1~~ => ~(.~ ~\ 1'0 .n <::) . ... o I.t) :j- ~ ~ <D m !:: r-- - ~ r ~ " ~ ~ ~~ r-~ ~~ ~~ IQ iJ; ~ ~ r.. OH , ,., :i! E-< tI) ... C) ~ ... ... ~~ lil ' . 0 I'- ... . 156z o-l I'- ... Z ... ... ..:l>t ) E-<I-l .jJ <>00 1-< I'- P,1Il J IIlGl s:: <0 N...Jt-..tf) Z~ He:: Z Gl H>H :I:<i= W_ 1'-<"'''' 00 0 'tl ~ C-i !Ztn<~WZ ...~ ., 0'" D::< ., . ... Or.:l .... H s:: ~~ o =... ~P, ..:l.jJ ~ 0 wz~~t;;> .... .J 0.... 0. E-< t..:):i0<:I:~ llO:Wci>- o ,~ 0.jJ In Pi:ZH w\Jw< U~:s IIlGl . 0 8l OO~ D:: UIIl 3:llO:3:<n UP, 1II 0 r..H o~~~!:2~ 0000 r..Z III > r.:l E-< :::E~z~:I:Z ...::e...:?i 001 :::< .w~OI-!e u.. . u........ 0 <::)0- ~ ~i our.. . ~ . . E-<UZ HHO ~~~~~~ 0=0::;- Pi: 0 ~ E-<..:l g!~ HP,~ <nw<nO H ~~... o-l'" "'en w\JW= U U 1 r.:l fj~ o I.Lo A. ...- ~O::e< < \.t) ..:l P, - o-l < ;! $.=$.U r'l III IIlH e< tJ:lr.:l..:l 0- H HU I.Lo < ---- E- gj ~ 0 < U >< . III ---- ZOH 0 III i ",- , -. .. "\ :... , :, . , i", . . i l' . . . '. J r" -- .- " ,~ . . ~, .. ), It 7/1:;- '; ~ .:\wp,lIIlli(;'Ioc~.pcIiIlaa .. . . . . " ~ . CARLISLE AREA SCHOOL DISTRICT, Petitioner, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW NO. qS- - gb? ~ T~ vs. CARLISLE AREA EDUCATION ASSOCIATION, Respondent. romc.e YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth In the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing In writing with the Court your defenses or objections to the claims set forth against you. You are warned that If you fall to do so the case may proceed without you and a Judgment may be entered against you by the Court without further notice for any money claimed In the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THfS PAPER TO YOUR LAWVER AT ONCE. IF YOU DO NOT HAVE A LAWVER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR CUMBERLAND COUNTY COURT HOUSE FOURTH FLOOR CARLISLE, PA 17013 (717) 240-6200 I .. .~ oC c:\wpJ 1'Jl4..1W.....\KtK1fI.petitka """ ~ vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. CARLISLE AREA SCHOOL DISTRICT, Petitioner, CARLISLE AREA EDUCATION ASSOCIATION, Respondent. 10 VACAtE AWARD OF ARBJIBAI.Q.B l: I' , I' TO THE HONORABLE. THE JUDGES OF SAID COURT: AND NOW, comes CARLISLE AREA SCHOOL DISTRICT, by Its attorneys, FLOWER, MORGENTHAL, FLOWER & LINDSAY, P.C., and respectfully represents as follows: 1. this Petition Is made pursuant to Section 933(b) of the Judicial Code, as amended, (42 C.S.A. ~933(b)) and the Uniform Arbitration Act (42 C.S.A. ~7302(b)(d). 2. Petitioner is CARLISLE AREA SCHOOL DISTRICT. a public school district operating under the Public School Code of 1949, as amended (24 P.S. ~1-10 et.saq.). having its principal office at 623 West Penn Street. Carlisle, Pennsylvania 17013. t' 3. The Respondent Is the CARLISLE AREA EDUCATION ASSOCIATION, an organization of public employees organized and operated pursuant to the Public Employee 4. Petitioner and Respondent are parties to a collective bargaining agreement Relations Act (43 Pa.C.S.A. ~1101.01 et.seq.) dated July 22, 1994, for a term beginning August 16. 1992, and ending August 15. 1998. A true 2 2. c:\wpJ I ~JJ..u:'\IC~.pdilbt ... , "'""I 1"'\ .. and correct copy of the agreement is attached hereto marked Exhibit "A", and Incorporated herein by reference, and hereinafter referred to as the "CONTRACT". 5. The Contract provided that a bonus was to be paid to qualified members of the bargaining unit (also variously referred to as "employees" or "professional employees"), the precise language of the applicable provisions being as follows: A. Article II, Section A., Paragraph 1. (Exhibit "A", Page 1) The parties agree that wages and salaries to be effective by this agreement are accurately reflected In Article III made part of this agreement. Actively employed members of bargaining unit at the time of signing are eligible for retroactive bonus and salary adjustments for 92-93 and 93-94. ... B. Article III, Section A, footnote to 1992-93 salary schedule: (Exhibit "A", Page 4) Note: In addition to salary, each FTE member at the time of signing, employed for the entire 92-93 fiscal year will receive a $1,000.00 bonus; each part-time member will receive a proportional part of the bonus. 6. While most members of the bargaining unit received a bonus in the amount of $1,000.00 or less, eighteen employees did not. The names of those employees as agreed upon by the parties are set forth in the attached exhibit "B". 7. The applicable work histories of those eighteen are as set forth in the attached Exhibit "C". 8. The School District did not pay the following seven persons any part of the bonus for the reason that the footnote required that one of the qualifications for payment be that 3 . ,/ . "\"'pSI\lfiUo<'\"~,,,,- ~ ,... ., the member, whether full or part.time, be employed for the entire 92-93 fiscal year: (par. 5. B ante.) Mark Alexander Gray was not hired until January 4, 1993; ,. " i: Marlo Klassen was not hired until January 4, 1993; Dawn Boltz (Meyer) was not hired until January 4, 1993; Merrie Lee Price was not hired until September 28, 1992; Patricia Putz was not hired until January 26, 1993; Mary Rhoads was not hired until January 11, 1993; Diane Shlnskle was not hired until August 26, 1992, and then only for the first semester of the 1992-93 school year. 9. The School Code defines fiscal year as July 1 st to June 30, inclusive (24 P.S. ~6-603) 10. The Contract provides that those on unpaid leaves of absence are not "active members" of the bargaining unit. (Article IV, Section B, 1, Exhibit "A", page 20) 11. Article IV, Section B, 2,3,4,7,8 of the Contract (Exhibit "A", Pages 20 and 21) provides generally that all employees are entitled to certain health benefits, that exception being child rearing leaves and other leaves which are without payor other benefits. (Article IV, Section A, 6A, of the Contract, Exhibit "A", page 18) 12. Because of the requirement stated in Article II, paragraph 1, that in order to be eligible for the bonus, the one employed must be "actively employed", I.e. not on unpaid leave, for the entire 1992-1993 fiscal year, the following six named persons were not paid: 4 o:\wp.lI~'lIcbqal.pdiIlaI c, J ~ 1"\ .' " Theresa M. Maag. went on child rearing leave November 13,1992, through 1992.1993, remained on leave 1993.1994, returned August 25, 1994. Lelsa McAllcher. was on child rearing leave January 20, 1992, and rehired May 10, 1993. Michelle Ray. went on child rearing leave beginning April 28, 1993, and was on leave balance of 1992.1993 school year, did not return until April 27, 1994. Cathy A. Wright. went on child rearing leave August 1992 until November 6, 1992. Ruth Ann Snyder - May 24, 1993, began child rearing leave for balance of 1992-1993, and remains on child rearing leave. Katherine Beam. began child rearing leave September 18, 1992, for the balance of 1992.1993 school year. 13. The following five named persons were not paid a bonus for the reason that they were not actively employed, I.e. on unpaid leave, on the date of signing the contract, July 22, 1994, as required by the contract provisions herein before mentioned In paragraph 4: Cathy Gipe. went on child rearing leave December 22, 1993, and remains on such leave. Jackie Withum . went on child rearing leave October 25, 1993, and did not return until August 25, 1994. Kathy Santiago. went on unpaid leave for personal reasons August 26, 1993, returned from leave August 25, 1994, and after a few days again went on leave. 5 5 . "'..pSIIilV.....\..hj>>l.pctiI... """ "'" " . , John Barnes . requested unpaid leave for personal reasons effective August 30, 1993, continued until his return on August 25, 1994. Julianne Oaniels . requested unpaid leave effective April 11, 1994. did not return to active employment until August 25, 1994. 14. Respondent filed a grievance asserting that the hereinbefore mentioned eighteen persons should have been paid a bonus under the terms of the Contract and, upon denial, moved for the appointment of an arbitrator. 15. A hearing was held before the arbitrator Thursday, January 12. 1995. 16. At the hearing, the Respondent asserted the contention that the words of the Contract "actively employed" should be construed to be "actively teaching". 17. The arbitrator submitted her report dated February 3, 1995, a true copy of which Is attached hereto as Exhibit "0", In which she Ignored the express qualifications for a bonus as set forth In paragraph 4 herein, failed to Interpret the Contract with reference to all of its terms, Including but not limited to, the Contractual distinction between "active" and Inactive members of the bargaining unit, and, without reason or justification, based her decision upon words not in the Contract, words which, as applied to other provisions of the Contract, made their use Irrational. 18. The Arbitrator's decision and award is Improper and erroneous and should be vacated for the reasons set forth above and for the following reasons: 6 "'..pllljJjdoc."'................ "'"' ~ ',' VERIFICATION I, DALE O. HARTZELL JR., President of the Carlisle Area School Board, being authorized to make this Verification on behalf of said School District, the Petitioner, do hereby verify that the statements set forth In this foregoing Petition for Review and Application to Vacate Award of Arbitrator, are true and correct to the best of my knowledgu, InformatIon and belief. I understand that false statemonts herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dale O. Hartzell, Jr., Pre dent of he Carlisle Area School Board Date: February ,1995 8 8 '. """'" 1'"""\ .. This agreement entered into this of 1994, between the Carlisle Area School District, p day of of the: first part h . employer: AND The: Carlisle: AIea Education Association. party of the: second part, hereinafter called 'bargaining agent.' WITNESSETH: ARTICLE I: BARGAINING AGENT SECTION A - RECOGNITION The Carlisle Area Education Association hereinafter called "The Bargaining Agent," is hereby recognized by the Carlisle Area School District, hereinafter called the "Employer," as the bargaining agent for wages, hours, and other tenns or conditions of employment for the employees properly included in the bargaining unit as certified by the Pennsylvania Labor Relations Board, June 23, 1971,' in case no. PERA - R - 272 - C, under the conditions of Pennsylvania Law (Act 195) providing for collective bargaining for public employees. The tenn ofthis agreement shall be August 16, 1992, to August IS, 1998. The two parties may hereinafter extend the tenn of this agreement until such later date evidenced by an amendment to this agreement to which amendment both parties shall signify their approval by affixing their signatures thereto. ARTICLE U: GENERAL PROVISIONS ~ECTION A - WAGES AND SALARY PROVISIONS I. The parties agree that wages and salaries to be effective by this agreement are accurately reflected in Article III made part of this agreement. Actively employed members of bargaining unit at time of signing are eligible for retroactive bonus and salary adjustments for 92-93 and 93-94, It is understood that for 1992-93, each employee will continue to occupy the same salary step as occupied by the employee for 1991-92. For 1993-94 and each year thereafter, each employee will advance one step on the schedule for each year of service until the employee has reached step 22. fr).,l,f h .,.. J 10 '. ~ ""'" 2. Wages earned by members of the unit sball be paid in 26 installments and shall be paid approximately every two weeks in cash, or by check, as tbe employer shall decide. Upon request submitted in writing and received by the business manager on or. before May 15, an employee may receive all wages due for the past scbool year, no later tban the last pay in June. 3. Tbe employer shall make available to the Association for use as the Association may determine, two (2) payroll deduction "slots" for voluntary payroll deductions. (One oftbese payroll deduction "slots" shall be used for the deduction oftbe dues established by the Association, as provided in Article VII, Section A) SECTION B - GRIEVANCE PROCEDURE The parties agree that grievances sball be resolved in accordance with the grievance procedure described in Article VI attacbed bereto and made part of this agreement. SECTION C - MANAGEME~ RIGIITS CLAUSE The employer on its own behalf and on bebalf of the electors of the school district, hereby retains and reserves unto itself all powers, rights, authority, duties and responsibilities conferred upon and vested in it by the laws and the constitution of Pennsylvania and of the United States. SECTION D. NO STRIKE - NO LOCKOUT PROVISIONS Both parties agree to abide faithfully by the provisions oftbe Pennsylvania Public Employee Bargaining Law, Act 195. As a condition of the various provisions of this agreement to which the parties have agreed, the bargaining agent pledges that members of the bargaining unit will not engage in a strike (as that term is defined in Act 195) during the tenn of this agreement and the employer pledges that it will not conduct, or cause to be conducted, a lockout during tbe tenn of this agreement. . SECTION E - OTHER EMPLOYEE BENEFITS The parties agree that other employee benefits to be provided under this agreement are those set forth in Article IV attached to and made a part oCthis agreement. SECTION F - HOURS OF WORK AND OTIIER COl'llmONS OF EMPLOYMENT The parties agree that hours of work and "ther conditions of employment to be effected by this agreement are those set forth in Article V attached to. this agreement. SECTION G - ASSOCIATION BENEFITS The parties agree that the Association sh:ill have the benefits reflected in Article VII attached hereto and made part of this agreement. I( ~ . ~ SEcr10N H - UNl'ROFES~JONAL CONDver In no event will any member of the linit, professional staff, administration or employer propagandize or otherwise attempt to influence students of the district as to any matter relating to the relationship of the Association and/or any of its members with the employer. ~ .' SEcr10N I. SA vINes CLAUSE In the event that any of the provisions of this collective bargaining agreement shall be or become legally invalid or unenforceable, such provisions shall be deemed void as of such invalidity or unenforceability. Such invalidity or unenforceability shall not affect the remainder of the provisions of this collective bargaining agreement. SEcr10N J - WAIVERS The parties agree that all negotiable items have been discussed during the negotiations leading to this agreement, and that no additional negotiations on this agreement will be conducted on any item, whether contained herein or not, during the life of this agreement. SEcr10N K - MODIFICATIONS CLAUSE This coUective bargaining agreement shall not be modified in whole or in part except by an instrument, in writing, duly executed by both parties. . Both parties aver that this agreement set forth the term and conditions to which each party agrees to be bound, and that such agreement has been reached voluntarily' without undue or unlawful coercion or force by either party. This agreement shall be effective as of August 16, 1992. ATTEST: CARLISLE AREA SCHOOL DISTRICT BY f),e, !) ~~rlfll PRESIDENT I AREAEDU ATION ASSOCIATION BY . . ~ ,...., CARLISLE AREA ~CHOOL DISTRICT SALARY SCHEDULE (See Note) 1991.1993 STEP BACHELORS B+14 MASTERS M+60 1 $24,543 $25,549 $25,929 $28,388 1 $25,437 $26,443 $26,823 $29,282 3 $26,331 $27,337 $27,717 $30,176 4 $27,225 $28,231 $28,611 $31,070 5 $28,119 $29,125 $29,505 $31,964 6 $29,014 $30,019 $30,399 $32,858 7 $29,908 $30,914 $31,294 $33,752 8 $30,802 $31,808 $32,188 $34,646 9 $31,696 $32,702 $33,082 $35,540 10 $32,590 $33,596 $33,976 $36,435 11 $33,484 $34,490 $34,870 $37,329 U $34,378 $35,384 $35,764 $38,223 13 $35,272 $36,278 $36,658 $39,117 14 $36,166 $37,172 $37,552 $40,011 15 $37,060 $38,066 $38,446 $40,905 16 $37,955 $38,960 $39,340 $41,799 17 $38,849 $39,855 $40,235 $42,693 18 $39,743 $40,749 $41,129 $43.587 19 $40,637 $41,643 $42,023 $44,481 10 $41,531 $42,537 $42,917 $45,376 11 $42,425 $43,431 $43,811 $46.270 11 $43,319 $44,325 $44,705 $47,164 Note: In addition to salary each FTE member at time of signing, employed for the entire 91-93 .~ fiscal year will receive a $1,000 bonus; ~ach part-time member wiD receive a proportional part of I~ . CAN.,ISLE AREA SCHOOL DISTRI~ SALARY SCHEDULE " 1993-1994 STEP BACHELORS B+24 MASTERS M+60 1 524,604 525,613 525,994 528,459 1 525,501 526,509 526,890 529,355 3 526,397 527,405 527,786 530,251 4 527,293 528,302 528,683 531,148 5 528,189 529,198 529,579 532,044 6 529,087 530,094 $30,475 $32,940 7 529,983 $30,991 $31,372 $33,836 8 $30,879 $31,1\88 $32,268 534,733 9 $31,775 $32,784 533,165 535,629 10 $32,671 $33,680 $34,061 $36,526 . 11 $33,568 $34,576 $34,957 $37,422 . 11 $34,464 535,472 535,853 $38,319 13 535,360 536,369 $36,750 $39,215 14 536,256 537,265 $37,646 $40,111 1~ 537,153 $38,161 $38,542 541,007 16 538,050 $39,057 $39,438 $41,903 17 538,946 ,$39,955 540,336 $42,800 18 539,842 540,851 541,232 $43,696 19 540,739 541,747 $42,128 $44,592 20 $41,635 $42.643 $43,024 $45,489 11 $42,531 $43,540 $43,921 $46,386 11 $43,427 $44,436 $44,817 $47,282 5 It ,..... .' CARLISLE AREA SCHOOL DISTRIcr SALARY SCHEDULE 1994-1995 STEP BACHELORS B+14 MASTERS M+60 1 524,850 $25,869 $26,254 $28,744 1 525,756 526,774 527,159 529,649 3 526,661 $27,679 528,064 530,554 4 527,566 528,585 528,969 531,459 5 528,471 529,490 529,875 532,364 6 529,377 530,395 530,780 533,270 7 530,283 531,301 531,686 534,175 8 531,188 532,206 532,591 535,080 9 532,093 532,112 533,496 535,985 10 532,998 534,017 534,402 536,891 11 533,903 534,922 535,307 537,797 11 534,809 535,827 536,212 538.702 13 535,714 536,732 537,117 539,607 ,14 536,619 537,638 $38.022 540,512 '15 $37,524 538,543 $38,928 $41.417 16 538,430 539,448 539,833 $42,323 17 539,336 540,354 540,739 543,228 18 540,241 541,259 541,644 544.133 19 541,146 542,165 542,549 545,038 10 542,051 543,070 543,455 545.944 11 542,956 543,975 $44,360 546,850 11 543,862 544,880 545,265 547,755 ""'" . "...., CARLISLE AREA SCHOOL DISTRlcr SALARY SCHEDULE 1995.1996 STEP BACHELORS B+24 MASTERS M+60 1 $25,161 $26,192 $26,582 $29,103 2 $26,078 $27,109 $21,498 $30,019 3 $26,994 $28,025 $28,415 $30,936 4 $21,911 $28,942 $29,331 $31,852 . 5 $28,827 $29,858 $30,248 $32,169 6 $29,145 $30,175 $31,164 $33,685 7 $30,661 $31,692 $32,082 $34,602 8 $31,578 $32,609 $32,999 $35,518 9 $32,494 $33,525 $33,915 $36,435 10 $33,411 $34,442 $34,832 $31,352 II $34,321 $35,359 $35,748 $38,269 12 $35,244 $36,275 $36,665 $39,186 l3 $36,160 $31,192 $31,581 $40,102 14' $31,077 $38,108 $38,498 $41,019 15 $31,993 $39,025 $39,414 $41,935 16 $38,911 $39,941 $40,331 $42,852 17 $39,827 $40,859 $41,248 $43,768 18 $40,744 $41,775 $42,165 $44,685 19 $41,660 $42,692 $43,081 $45,601 20 $42,577 $43,608 $43,998 $46,519 21 $43,493 $44,525 $44,914 $47,435 22 $44,410 $45,441 $45,831 $48,352 IrP - """'" "... CARLISLE AREA SCHOOL DISTRlCf SALARY SCHEDULE 1996-1997 STEP BACHELORS B+24 MASTERS M+60 1 $25,979 $27,044 $27,446 $30,049 Z $26,925 $21,990 $28,392 $30,995 3 $21,871 $28,936 $29,338 $31,941 4 $28,818 $29,883 $30,285 $32,888 5 $29,764 $30,829 $31,231 $33,834 6 $30,111 $31,175 $32,111 $34,780 7 $31,658 $32,122 $33,125 $35,726 8 $32,604 $33,669 $34,071 $36,613 9 533,550 $34,615 $35,011 $37,619 10 534,491 $35,561 $35,964 538,566 11 $35,443 $36,508 536,910 539,513 . 11 536,389 $37,454 537,856 $40,459 13 531,335 $38,400 $38,802 $41,405 i4 538,282 $39,347 $39,749 $42,352 15 539,228 $40,293 $40,695 543,298 16 540,175 $41,239 $41,641 544,244 17 541,122 $42,187 $42,589 $45,191 18 542,068 $43,133 $43,535 $46,131 19 543,014 $44,019 $44,481 547,083 20 543,961 $45,025 545,428 $48,030 21 544,907 $45,972 $46,374 548,917 U 545,853 $46,918 547,320 549,923 17 ~ ~ ,.,.. CARLISLE AREA SCHOOL DlSTRlCf SALARY SCHEDULE 1997-1998 STEP BACHELORS B+24 MASTERS M+60 1 527,018 528,125 528,544 531,251 2 528,002 529,110 529,528 532,235 3 528,986 530,094 530,512 533,219 4 529,970 531,078 531,496 534,203 5 530,955 532,062 532,480 535,181 6 531,940 533,046 533,464 536,111 7 532,924 534,031 534,450 537,156 8 533,908 535,016 535,434 538,140 9 534,892 536,000 536,418 539,124 10 535,816 536,984 531,402 540,109 . 11 536,861 537,968 538,38~ 541,093 12 537,845 538,952 539,370 542,011 13 538,829 539,936 540,355 543,062 . 14 539,813 540,920 541,339 $44,046 IS 540;797 $41,905 $42,323 $45,030 16 541,782 542,889 543,307 $46,014 17 542,767 $43,874 544,292 $46,998 18 543,751 544,858 545,276 $47,982 19 544,735 $45,842 546,261 $48,966 20 545,719 $46,826 $47,245 $49,952 21 546,703 $47,811 $48,229 $50,936 22 547,687 548,795 $49,213 551.920 /8 ? ~ ""'" l. A Guidance counselors, distributive education teachers, speech therapists, home and school visitors, trade and industrial education instructors, and librarians may be required by the Employer to work up to ten (10) days in addition to the work year of 185 in 1992-93 and 1993-94; 186 in 1994-95; and 187 in 1995-96 and each year thereafter or for such longer period of time as may be mutually agreed upon by the employer and employee. Such employees shall be paid a per diem rate for such additional days worked. B. Employees who presently have individual contracts of 10 months shall work 10 days beyond the contract year of 185 days in 1992.93 and 1993-94; 186 in 1994-95; and 187 in 1995-96 and each year thereafter. Such employees shall be paid a per diem rate for such additional days worked. C. Employees required to work days in excess of the work year shall not have the additional days so scheduled as to be denied at least two consecutive weeks of uninterrupted vacation. 2. A For salary scale purposes, 6 years trade experience shall be equivalent to a B.S. Any yeats of trade experience from 6 to 10 years will count as one year trade experience for one year of teaching experience and will place the teacher on the appropriate step on the Bacbelor's scale. B. Teaching experience outside the scbool system shall count as one year for one year until a maximum on tbe salary schedule is reached. All college credits obtained will be included to place tbe person on the appropriate salary scbedule as outlined in Paragraph I, to a maximum of Bachelor's + 24. For any credits required for certification beyond 24, the person shall be paid the total tuition cost of the course. 3. Special education teacbers employed for the 1986-87 school year shall receive $200.00 above the amount indicated for regular teachers. Special education teachers newly employed for the 1987-88 school year and thereafter shall not receive the $ 200,00 payment above pay indicated for regular teachers. 4. Shall receive the same amount indicated for classroom teachers with equivalent degrees 11 and credits. I ~ """ I 5. ! A. Professional employees will receive $20 for each graduate credit or each undergraduate credit in the employee's area of certification taken on the campus or an officially established off campus site of any accredited college or university, Reimbursement will not be paid for credits earned as part of short seminarS. conferences, correspondence courses, cruises or field trips without prior approval of the superintendent. B. Each professional employee shall continue to be paid at the rate of $20,00 per credit for credits earned prior to September I, 1989, that were accumulated as a permanent part of the individual's salary. These payments shall be as provided in the collective bargaining agreement dated August 27, 1987. This credit reimbursement shall not be retroactive and shall cease to be increased for courses begun after September I, 1989. For the 1989-90 school year and each school year thereafter, each employee will continue to receive each year hislher credit reimbursement amount that was earned prior to September I, 1989. No new credit reimbursement levels will be attained by any employee after September I, 1989, but previously earned levels will continue to be paid yearly. C. Reimbursement for courses taken after July I, 1989, will be as follows: I. Professional employees shall be reimbursed the total tuition cost with the amount paid not to exceed $120.00/credit for 1992-93, 1993-94, 1994-95, 1995-96 and not to exceed S130.00/credit for 1996-97 and not to exceed S140.00/credit for 1997-98 for each qualifying credit. . 2, The professional employee shall furnish to the district satisfactory evidence of the tuition paid and successful completion of the course. Successful course completion includes a receipt ~f an "A" or "B" or "Pass" in a pass-fail course, 3. The district shall reimburse the employee the tuition paid within one (1) month of receipt ofthe documentation specified above. 4. No employee will be reimbursed for more than: (a) Three credits earned during a regular academic semester (unless the employee is on an approved leave of absence.) (b) Eighteen (18) credits taken during anyone academic year. (c) Thirty-six (36) credits for the duration of their employment in the Carlisle Area School District. (Courses reimbursed under prior plans. such as Section B above, are not subject to this limitation.) S. A teacher who voluntarily leaves the district must pay back 100% of the tuition reimbursement if the departure is within one (1) school year of the course ,9,0 ~ 1"'\ " completion or 25% of the tuition reimbursement if the departUre is within two (2) school years of the course completion. 6. Professional employees will receive a payment ofS13,OO per hour during the 1992-93, 1993-94, 1994-95, 1995-96 school years, $13,65 per hour during the 1996-97 school year, and $14.33 per hour during the 1997-98 school year, for attendance and participation in each workshop planned and sponsored by the school district during after-school hours (on Saturdays or after 3 p.m. for secondary teachers and 3:30 p.m, for elementary teachers). This payment will be made after proper certification by the superintendent. 7.~ A. Homebound instructors who are members of the unit will be paid $19,00 per hour during the 1992-93 , 1-993-94, 1994-95, 1995-96 school years, $19.95 per hour during the 1996-97 school year, and $20.95 per hour during the 1997-98 school year. B. If the employer operates a summer school or night school, all instructors shall be paid $19.00 per hour during the 1992-93, 1993-94, 1994-95, 1995-96 school years, $19,95 per hour during the 1996-97 school year, and $20.95 per hour during the 1997-98 school year. 8. Professional employees who have completed twenty-four (24) years ofselVice shall receive a bonus of$300.00 during anyone (1) subsequent year. 9. A. Coaches will be paid one half of their extra duty pay at approximately the middle of the athletic season and they will be paid in full after the close of the season llpon certification by the athletic director that all reports and other obligations have been completed. B. Coaches are paid pursuant to points calculated for each coaching position, The number of points for each position is detennined by a process that is controlled by a document entitled, "Interscholastic Athletics - Extra Pay for Coaching" which has been mutually accepted by the bargaining agent and the employer. C, The value per point shall be $59,00 for the 1992-93, 1993-94, 1994-95, 1995-96 school years, $61.95 for the 1996-97 school year, and 565.05 for the 1997-98 school year. 0/ I~ ~. 1"\ 10. . A teacher required to substitute involuntarily for another teacher shaJl be paid at the rate of $19.00 per hour for 1992-93, 1993-94, 1994-95, 1995-96 school years, $19.95 per hour for the 1996-97 school year, and $20.95 per hour for the 1997-98 school year. The hourly rate shall be prorated over the actual time of the substitution, II. Support teachers who voluntarily act as mentors with first year teachers, shall be paid $400.00 for all time devoted to functioning as mentor with the new teacher. ~.), 1..3 '"'"' fII""\ .' POSTION 92-93 1996-97 1997-98 TO 95-96 1. AUDITORIUM AND STAGE SUPERVISION A WEST BUll.D HS SI,234 S1,296 SI,360 B. SWARTZ BUll.D HS S1,155 SI,213 SI,273 C. HS (AFTER SCHOOL) S 433 S 455 S 477 2. AUDIO-VISUAL EDUCATION $1,175 $1,234 $1,295 3. SCHOOL PAPER (PERISCOPE) A WEST BUll.D HS $ 580 $ 609 S 639 B. SWARTZ BUll.D HS S 721 $ 757 $ 795 4, YEARBOOK (ORACLE) A WEST BUll.D HS $ 580 S 609 $ 639 B. SWARTZ BUll.D HS S 412 $ 433 S 454 C. MIDDLE SCHOOL S 412 $ 433 $ 454 5, CHOIR. ACTIVITIES A mGH SCHOOL $ 867 S 910 S 956 B. DIR. OF SINGERS UNLIMITED S 476 $ 500 S 525 6. BAND ACTMTIES A HS (INC 40 HRS SUMMER) $3,999 S4,199 S4,409 B, ASST. mGH SCHOOL $1,882 $1,976 $2,075 C. MIDDLE SCHOOL S 580 $ 609 S 639 D. BAND FRONT (INC 40 HRS SUM) S1,882 $1,976 S2,075 E. ELEMENTARY S1,460 $1,533 S1,610 7. DIRECTOR OF DANCE BANDS A WEST BUll.D HS $1,299 S1,364 SI,432 B. SWARTZBUll.DHS S 867 $ 910 S 956 8. DIRECTOR OF ORCHESTRA SI,OII S1,062 SI,I15 9. ART ACTIVITIES A WEST BUll.D HS S 616 S 647 S 679 B. SWARTZ BUll.D HS S 616 S 647 S 679 10. SCIENCE PROJECTS COACH S 580 S 609 S 639 II. CLASS ADVISORS A SENIOR CLASS S1,440 S1,512 $1,588 B. JUNIOR CLASS $ 822 S 863 S 906 12. STUDENT COUNCIL ADVISOR A. WEST BUll.D HS S 925 S 971 S1,020 B, SWARTZ BUll.D HS S 925 $ 971 $1,020 13. ACTIVITIES CLUB DIRECTOR $ 433 S 455 $ 477 ,~3 14, DEBATE COACH $1,234 $1,296 $1.3 60 '"'" ~ ~ POSTION 91-93 1996-97 1997-98 TO 95-96 15. DEBATE JUDGE A. SINGLE S 35 S 37 S 39 B. DOUBLE S 50 S 53 S 55 C. WEEKEND S 60 S 63 S 66 16. DRAMATICS- MIDDLE SCHOOL S 433 S 455 S 477 17. ASSEMBLY PROGRAMS FOR SCHOOL YEAR S 412 S 433 S 454 18. SCHOOL PLAY DIRECTOR HIGH SCHOOL $ 993 $1,043 $1,095 19. MUSICAL A. DIRECTOR $ 824 S 865 $ 908 B. ART DIRECTOR S 824 S 865 S 908 C. INSTRUMENTAL MUSIC $ 824 $ 865 S 908 D, CHOREOGRAPHY $ 423 $ 444 S 466 20. AUDITORIUM AND STAGE-RENTAL A. PER HOUR BEFORE MIDNIGHI' S10.31 $10.83 S11.37 B. PER HOUR AFTER MIDNIGHT S15.37 $16.14 $16.95 21. INTRAMURAL ACTIVITIES (pER HOUR) S11.18 S11.74 S12.33 22. CAFETERIA LUNCH DUTY S 819 S 860 S 903 23. TEAM LEADER-MIDDLE SCHOOL S1,154 S1,212 SI,272 24. DECA CLUB ADVISOR S 412 $ 433 S 454 . 25. VICA CLUB ADVISOR S 616 S 647 S 679 26. NATIONAL HONOR SOCIETY ADVISORIHONORS BANQUET S 298 S 313 S 329 27, VOCAL MUSIC AT MIDDLE SCHOOL S 580 S 609 S 639 28. TEAM ADVISOR . S 800 S 840 S 882 29. HEAD TEACHERS SI,OOO $1,050 S1,I03 30. DEAN OF STUDENTS $1,500 S1,S75 S1,654 "-<'1 IS-- f"""I ,.... 1. An employee absent from duty because of death of a member of the immediate family of said employee shall be entitled to five (5) school days leave with pay for such reason. Members of the immediate family shall be defined as the father, mother, brother, sister, son, daughter, husband, wife and parent-in-law of said employee, or near relative of said employee who resides in the same household as said employee, or any person with whom the said employee has made his home, Any leave taken for bereavement which is more than one (I) day shall be taken on consecutive school days. 2. An employee absent from duty because of the death of a near relative of said employee shall be entitled to one (1) school day ofleave with pay on the day of the funeral of said near relative. Any employee attending a funeral of a near relative which is held at a location of 1 SO miles or more from Carlisle shall be entitled to two (2) days ofleave with pay. A near relative shall be defined as a cousin, grandfather, grandmother, grandchild, aunt, uncle, niece, nephew,. son-in-law, daughter-in-law, sister-in-law, or brother-in-law of the employee or his/her spouse. 3. A. Each employee shall be entitled to two (2) days of personal leave each school year. Such leave shall be granted upon submission of a request form to be provided by the employer. When possible, the request for personal leave will be submitted to the building principal five (5) days prior to the exercise of such leave. B. Personal leave may not be taken on the last day prior to or the first day following any vacation or holiday, during the first four (4) days of the school year, or during the last three (3) student days of the school year except when granted at the discretion of the superintendent for extraordinary or compelling reasons. A personal day may be used on the last teacher inservice day if and only if the principal determines that all obligations have been met. C, Unused personal leave may be accumulated to five (5) days at the rate of one (1) day per year but no more than three (3) days may be used consecutively. .,rS /l> ~ "" ' D.' At the end of each school year, the district will compensate each em~lolt,e at the rate of$50.00 for one (1) unused personal day, at the request of the employee on or before June 1. E. Each employee will be entitled to one (1) non-accumulative emergency leave day with pay each year, Emergency is defined as an event which is uncontrolled and unplanned by the employee and which requires the immediate attention of the employee. After an emergency day, the employee will complete a form provided by the district including a description of the emergency situation and submit the form to the superintendent's office for approval. 4. A An employee who is prevented by illness or accidental injury from following his or her occupation shall receive as pay for each day of absence the same wage payinents said employee would have received had said employee actually performed his or her duties during said period, provided employee has unused sick leave. B, Any employee who is prevented from performing hislher duties by any accidental job related injury incurred while perl'orming hislher duty shall receive as pay for each day of absence the same wage payments said employee would have received had said employee, actually performed hislher duties during the said period for a maximum offive (5) days without regard to or deduction from bislher unused sick leave provided the employer's workmen's compensation insurance does not otherwise compensate the employee. . C. Sick leave shall be accrued at the rate often (10) days per school year. Any unused portion of the aforesaid ten (10) day absence period may be accumulated in the employer's school district from year to year, Such absence time with pay as may have been accumulated in the district may be applied in anyone or more subsequent school years in the event the employee is prevented by illness or accidental injury from following hislher occupation. Accumulated sick leave from other districts may be transferred into the employer's school district, the total transferred not to exceed twenty-five (25) days. D. If any tenured employee has exhausted all such employee's sick leave and has no sabbatical leave available and said employee is absent from work because of the illness of or injury to said employee, the employer shall nevertheless retain such employee as an employee, without payor other benefits, for period of one year subsequent to the exhaustion of the employee's sick leave. E. No employee's salary shall be paid if the accident or injury is incurred while the employee is engaged in remunerative work not associated with the school district. ~~ 17 """" ,.., 5. An employee who retires on or after attaining the age of superannuation or upon qualification for early or disability retirement as defined by the Public School Employee's Retirement System shall be entitled to a cash payment based on unused sick leave. Such payment will be at the per diem rate ofS55.00 or the substitute's daily rate whichever is higher. The amount ofleave to be paid will be one half (1I2) of all unused sick leave up to one hundred and fifty (ISO) for a maximum of seventy-five (75) days pay. Upon retirement such employee may elect in writing (which election shall be final) to have the employer pay bislher family Blue Cross and Blue Shield MedicallHospitalization insurance instead of the onetime cash payment indicated above. If the employee so elects, the employer will continue to include the retired employee as a member of the group medicallhospitalization insurance until the furnishing of said insurance has caused the employer to expend an amount equal to the sum of the cash payment to which the employee would have been entitled. (This insurance benefit option shall be made available to any employee who retired since the conclusion of the 1986-87 school year.) Ifa retired employee dies prior to the full amount being expended for medicallhospitalization insurance, the remaining sum shall be paid to the employee's estate. 6. A. The employee planning for child rearing leave immediately prior to and following the birth of a child or following the adoption of a child, shall notify the superintendent of such intentions at least sixty (60) days prior to the anticipated leave. The request for such leave setting forth the specific date the leave is to become effective shall be made to the superintendent at least thirty (30) days in advance ofthat date. Such leaves as are granted shall expire not later than the commencement of the school year which is at least one year after the effective date of the leave. Such leave shall be without payor other benefits. . B. Within ten (I O) days prior to the expected birth of a child by a female employee and the twenty (20) days following the birth, such employee may utilize thirty (30) days of sick leave benefits, if accrued, without certification of a physician. Request for accrued sick leave benefits beyond the thirty (30) days above mentioned must be accompanied by a physician's statement which certifies the disability of the employee. C. Ifboth husband and wife are employees of the district, just one employee shall be granted leave under this provision. The employee shall notify the superintendent in writing at least sixty (60) days prior to the expiration of said leave of the employee's intention to return to work. On such notice, the employee shall be employed in the position vacated or one of a like duty and responsibility for which the teacher is certified. ~ 7 18' 1"""'\ "..., 7. ru&Y.I2llIY Employees called for jury duty in a court of record or required under subpoena to give testimony before any judicial or administrative tribunal, except when the employer is a party shall be compensated for the difference between the wages of the employee would have received and the amount received for the performance of such obligation. 8. Employees are eligible for sabbatical leave under the provisions of the Pennsylvania School Code of 1949 as amended. 9. By September 1 of each year, the employer shall advise each employee of the number of accumulated days of sick leave and personal leave credited to such employees as of the preceding June 30. 10, A. An employee shall be eligible for one day of professional leave with pay each school year with the approval of the superintendent of schools, Professional leave days may be accumulated to three (3) days and used individually or consecutively in a single school year. A request for professional leave shaU be submitted on the appropriate application provided by the school district. In determining whether or not the request shaU be approved, the superintendent shall consider the following: (I) The value of the meeting or visitation to an individual in his/her area of expertise, or the school district in generiu. (2) The number and timeliness of similar requests from other employees. B. Professional leave shall be used for the following purposes: (1) Visitation to observe instructioncl techniques or programs. programs. (2) Participation in professional conferences, workshops or educational C, When possible, the request for professional leave shall be submitted to the building principal at least five (5) days prior to the date of the leave. D. A written report describing the professional leave shall be filed with the building principal within ten (10) davs after sUch leave .. ; ~ .-.. 1. kJ Employees on unpaid leaves of absence may continue the fringe benefits enjoyed ~ active members of the unit by paying the cost of such benefits to the employer, quarterly in advance. ' ., 2. For each employee who is employed for at least .5 full-time equivalent and his or her dependents, including unmarried children who are full-time students up to age 23, the employer shall pay 100% of the premium cost of coverage as provided by Blue Cross-Blue Shield Group Policy No. 20492-320492 (dated 9-1-66) and modified 9/1/72 with the coverages that were in existence for the 1991-92 school year except that said coverage shall include the following additional matters etrective with the 1994-95 school year and continuing for the duration of the agreement: A The amount of the deductible for the Major Medical Insurance shall increase to two hundred fifty ($250,00) dollars per person (3 per family maximum limit); B. Each covered employee shall pay ten ($10.00) dollars per pay period (26 pay .periods per year) by payroll deduction; C. When both husband and wife are employed by the district, the district shall provide one (1) family coverage contract except under the following conditions- (1) Ifboth ~mployed members have dependents for whom they are legally responsible, w: (2) Where granted at the discretion of the Superintendent for extraordinary or compelling circumstances. 3. The employer shall provided a term life insurance policy for each employee in the amount of $35,000. 4. For each employee who is employed for at least .5 full time equivalent and his or ,~'l her dependents. including unmarried children who are full-time students up to the age of 23, the JJJ ""'""' "'" employer shall pay 100% ofthe premium of the cost of coverage by Blue CrossIBlue Shield or a comparable plan of: (A) The basic dental plan (B) Dependent orthodontics dental care - SI,OOO per course of treatment with reimbursement of50% of the covered charges - (covers dependents to age 19) (C) Periodontics dental care - SI,OOO lifetime maximum. 100% co-insurance (0) Oral surgery (100% VCR) (E) Crown, inlay and onlay restorations (50% VCR) (F) Prosthetics (50% VCR) with S50.00 deductible ~ - Two members of a family both employed by the district shan be entitled to two family coverage contracts. 5, To the extent permissible under the then current plan, the retired employees of the bargaining unit shall be permitted to retain Blue Cross and Blue Shield coverage as a member of the unit group until age sixty-five (65), by paying their own'premium and/or other cost and in accordance with regulations established by the employer, 6. Employer shall provide insurance coverage for each member of the bargaining unit who, as an incident of employment, is expected to use a. motor vehicle in the course of employment, or who is specifically requested or authorized by a member of the administrative staff to use a personally owned motor vehicle on school business. The excess coverage shall protect the bargaining unit member against personal liability arising out of a motor vehicle accident to the limits ofS500;000 each person, SI,OOO,OOO each occurrence for personal injury and S100,000 property damage, provided that such unit member has basic coverage ofS50,000 each person, $100,000 each occurrence for personal injury and SIO,OOO each occurrence for property damage. Those who regularly use a personal automobile for school purposes shall furnish the employer with a certificate of such insurance coverage. 7, The employer shall offer an employee assistance program (EAP) which will provide the employee the opportunity for confidential, professional assistance for personal problems affecting job performance, 8. .]tJ """ ,.,. her dependents, including unmarried children who are full-time students up to age 23, the employer shall pay 100% of the premium cost ofa vision care program comparable in benefits to those included in the proposal submitted by the PSEA Health and Welfare Fund dated October 24, 1988. Any eligible employee occupying a full-time position who completes the academic year will be entitled to participate in a voluntary retirement benefit plan and receive a cash payment as hereinafter set forth. l. An eligible employee is defined as a member of the bargaining unit who: A Has delivered to the superintendent a letter of intent to retire at the end of the current school fiscal year, and has made such delivery on or before March I of said fiscal year; and B, Has satisfactorily completed, or will have satisfactorily completed by the end of the current fiscal year, at least fifteen (15) years of continuous full-time employment within the Carlisle Area School District or have at least twenty-five (25) years of full-time teaching experience in the Carlisle Area School District; and C. Is at least fifty-five (55) years old, or will attain that age on or before the first day of September following the end of the fiscal year; and D. Has made and filed an official and completed application for retirement benefits in the State Public Employees Retirement System, thereby declaring a commitment not to be employed as a full-time teacher in the public schools of Pennsylvania. E. Is not qualified for retirement by reason of permanent disability. 31 ~ ~ ,... 2. Eligible applicants for this voluntary retirement benefit shall receive a retirement benefit according to the age of the applicant at retirement, with the understanding that the applicant has retired from full-time teaching in the public schools of Pennsylvania, 55 56 57 58 59 60 61 62 63 64 S 8,000 7,200 6,400 5,600 4,800 4,000 3,200 2,400 1,600 800 3. . Payment will be made in August of the fiscal year following the last year of employment, or in January of that fiscal year, at the retiring employee's election. 4. This provision of the contract shall be null and void in the event that the PeMsylvania Public School Employee Syst~m provides an early retirement incentive to its membership. 1. Except for employees with longer contracts as identified in Article II, Section B, all other employees shall be under contract with the employer each school year for a period of nine and one-half (9 1/2) months. While the initial contractual period shall be for a period of nine and one-half months, employees shall be required to work thereunder not more than one hundred eighty-one (181) student attendance days and four (4) in-service or nonstudent days for the 1992-93 and 1993-94 school years, not more than one hundred eighty-two (182) student attendance days and four (4) in-service or nonstudent days for the 1994-95 school year and not more tban one hundred eighty-three (183) student attendance days and four (4) in-service or nonstudent days for tbe 1995-96, 1996-97, 1997-98 school years. .3J.. d3 f""" ,..... 2. In addition to working as provided. above, in 1992-93 and 1993-94 each employee will work fourteen (14) additional teacher-student-school district hours and in 1994-95 each employee will work seven (7) addition~ teacher-student-school district hours. 3. Beginning with the 1995-96 school year, employees for the duration ofthis contract will not be required to work any additional teacher-student-school-district extra duty hours. The teacher-student-school district activity day is considered to be elCtra duty hours within the contract year but not during the regular school day unless such activity is adopted by the committee established below and approved by the employer. The hours ascribed to this activity are to be devoted toward educational needs, or for educational purposes that are directly in contact with the student or students. Each individual teacher has the freedom of selection from among the approved activities. A committee with an equal number of association and employer representatives (minimum 3 each) will be established to recommend a list of approved activities for approval by the employer no later than February I, 1990, With the superintendent as chairperson, the committee will evaluate various programs, activities, extracurricular student/teacher contacts, etc. that would be applicable for this day. Prior to the adoption ofa pennanent list of approved activities (on or before 2/1/90), a teacher may fulfill his/her one day (7 hours) of service with the consultation and approval of the teacher's building principal. .Ifthe committee is unable to agree upon a list of activities for submission to the employer, or if the employer fails to approve a list by 2/1190, the following alternative method shall be used to establish an approved list (unless the panies shall agree upon some other alternate method): ' (1) Each party will submit ten (10) proposed activities of that party's choosing for selection by "luck of the draw" with each choice on a separate, numbered slip of paper. (2) The superintendent or his designee will randomly select twelve (12) of the twenty slips, eight (8) of which will be from the ten (10) submitted by the employer and four (4) of which will be from the ten (10) submitted by the association. The committee shall stay in existence after the initial list fonnulation to evaluate the program, recommend changes, and recommend additions or deletions of activities for approval by the employer. SECTIQN B - WORK HOURS 53 1. Professional employees shall report for duty fifteen (15) minutes prior to the -. - commencement of and r~main on duty fifteen (IS) minutes after the tennination oftlie school day, Professional employees may be excused with the students prior to an official school holiday as established by the employer. Exceptions may be granted at the discretion ofthe building principal for extraordinary and compelling reasons which are unique to the individual. 2. When all schools are closed because of inclement weather or other unforeseen emergency, employees in the bargaining unit shall not be required to report to work on that day. 3. When a school building is closed early because of inclement weather or other unforeseen emergency, employees in the bargaining unit shall be permitted to leave immediately with the principal's permission but no later than fifteen (15) minutes after the students are dismissed. 4. Abbreviated classroom sessions for students for administrative purposes shall not affect the duration ofa "school day" for employees. S. No professional employee in the bargaining unit shall be required to be in the building or buildings to which he or she is assigned for more than a total of seven and one half (7 1/2) hours per day, including a thirty (30) minute duty free lunch period. 6. All employees, in addition to the regular report of the aforesaid, shall report for faculty meetings to begin no earlier than 7:30 o'clock A.M, and to end no later than 90 minutes after the end of the school day. No more than twelve (12) such meetings will be held each school year. Six (6) of the twelve (12) meetings shall be limited to sixty (60) minutes and six (6) of the twelve (12) shall be limited to ninety (90) minutes, In addition to the foregoing each member of the bargaining unit shall: A. Attend'two (2) PT A meetings per year and hold conferences with parents during the days set aside for such conferences and at a time mutually agreeable to parent and teacher. In the event of a scheduling conflict during this period of time, the teacher will attempt to schedule a conference with the parent at the earliest possible opportunity. B. Attend department, grade level or committee meetings when requested to do so by the department coordinator or school district administrator. Such meetings shall not exceed the equivalent of two meetings per month and ninety (90) minutes each in duration. Each employee shall be entitled to a lunch period ofthirty (30) consecutive minutes each school day free and uninterrupted by supervisory or other duties. Upon informing his or her building principal, an employee may leave his or her building during the employee's lunch period. 3 if ~~ ~ P"l\ I. Should the emplover approve the request of any employee to attend a profession: meeting, conference or seminar. .;llct1'employee shall be reimbursed for all reasonable out-of- pocket expenses as preapprovea ;;;y the superintendent or the superintendent's designee, 2. Receipts for expendit~res shall be presented to the employer for reimbursement. 3. The same reimbursement procedures shall apply in the event an employee is requested by the employer to attend a professional meeting. I. School nurses, home-school visitors, the home-school coordinator and other professional employees whose duties may include use of their personal vehicles on school business, including but not limited to the transportation of students from time to time may arrive at a reimbursement formula which is mutually acceptable to the employer and such employee. 2. Other members of the unit shall not be required to transport students in their personal vehicles. 3. Should a member of the unit use a personal vehicle in the course of employment with prior written permission of the employer or his agent, such employee will be reimbursed per mile of travel at the rate of SO.24 or the maximum rate allowable under IRS regulations, whichever is less. If the employer detemiines to change the subject matter or grade level of students to be taught by a teacher, the employer shall notify such teacher ofthe change by lune 30 of the summer preceding the change. The employer may make changes after June 30 but in such event shall notify the employee affected by such change as soon as a need for a change occurs, I. Employees covered by the Public School Code of 1949, as amended, shall be rated only by persons authorized to do so thereunder. 2. Any employees rated by a classroom visit shall be given a personal copy of the classroom rating report prepared by the evaluator. No such rating report shall be placed in the _ employee's file or otherwise acted upon without a prior conference with the employee. No 3j employee shall be required to sign ~ incomplete rating form. JI, -. _. ), Any member of the bargaining unit shall have the right at any reasonable time to review the contents of his/her personal file with the exception of confidential references received prior to the Family Educational Right and Privacy Act of 1974. He/she shall also have the right to obtain copies of any item or items in hislher file. 4, Any employee shall have the right to submit a written commentary to any material placed in hislher file and such written comment shall be attached to the item in question in hislher file. 5. Nothing derogatory or unfavorable toward an employee shall be placed in hislher file unless the employee has been presented with a copy of such material and has an opportunity to respond, in writing, to such material. Such response shall be attached to material and made part of his/her file. 6, No items not identified as to origin shall be placed in the employee's file. 7, The examination of an employee's file shall be limited to qualified professional supervisory personnel and the board of school directors. 8, When notations are made of deficiencies in an employee's conduct, such deficiencies shall be brought to. the attention of the employee promptly with recommendations for correcting such deficiencies. 9. Should the employee fail to follow the employer's recommendations, the employer will provide the employee with a warning of the possible or probable consequences, 10: Any complaint, as hereinafter defined, made against a teacher by any parent, student or other person shall ~e reported to tile subject teacher in writing promptly, A "complaint" shall be an adverse criticism ofa teacher communicated to any member of the administration which is either submitted in writing, or if unwritten is of such a character as to be further investigated or otherwise pursued by the administration. The subject teacher shall have the right to meet with his/her supervisor to discuss the complaint. II. All disciplinary matters will be discussed in private, 12, No written reprimand will be placed in the employee's file without first being approved by the superintendent. I). All written reprimands will be purged from the employee's file after three years if no similar continuing violations occur. 310 ~7 """' ~ A faculty athletic pass will be issued to each employee. Said pass shall admit the employee and one guest to athletic events held by the school district's students, but shall not admit anyone to any fundraising event. Said passes shall be non-transferable. The employer will continue to make deductions for a tax sheltered annuity as heretofore. but the employer may require that no more than three plans be available for this purpose. The employer will continue its present policy pertaining to planning/preparation time now in existence in the secondary levels. The intent of the employer is to avoid arbitrary or significant decreases in planning wherever possible. The elementary teachers will continue to work under the present arrangement of planning time during the 1989-90 school year. The association and the employer will fonn a committee to study a schedule of preparation time so that the elementary teachers will have one (1) thirty (30) minute uninterrupted planning period during each school day effective with the beginning of the 1990-91 school year. It is understood that conditions beyond the control of the employer, such as sickness, lateness of the special subject teachers or substitutes, or delays due to weather or other unplanned factors that occur from time to time would deny the thirty (30) minute time of the affected elementary teacher. Special education teachers are not part of this provision relating to planning time. . 1. A "grievance" is a dispute arising out of the interpretation. misapplication, or violation of the terms of this agreement. 2. "Day" shall mean working school day. 3. "Association representative" is an appointee of the association for the purpose of panicipating in the grievance procedure. 31 ~ ,~" ro Each grievance shall be submitted in writing, in duplicate. on a form approved by both parties and provided by the employer. The fonn shall provide for the insertion of the identity of the aggrieved party or parties, the date of filing, the provisions of the contract involved, including the particular subparagraph, and a brief narrative description of the nature of the grievance, and shall specify the name of the aggrieved party, 1. A grievance not filed within the limits established herein shall be deemed invalid. The number of days indicated at each step in the procedure is a maximum. There is no mmunum. 2. No grievance shall be f1.led or any meeting held to discuss the resolution of any grievance during the school day. D- Any reply shall be in writing. The reply shall be part of the fonn or attached thereto, Copies shall be furnished to tbe grievant. the association. and to the superintendent. Step A. The person or persons initiating the alleged grievance sball present the grievance to the building principal and the Carlisle Area Education Association Grievance Committee within ~ after its occurrence. The building principal shall meet with and reply to the grievant within tive (5) dm after the initial presentation of the grievance. The aggrieved party may be accompanied by a representative of the bargaining agent at this level of the grievance procedure. Step B. If the action in Step A fails to resolve the grievance to the satisfaction of the affected parties. the grievance shall be referred in writing to the Carlisle Area Education Association Grievance Committee by the grievant within ~ after the grievant received the written report of the principal. At the discretion of said Grievance Committee. the grievance may be dropped or forwarded to the superintendent of schools within ~ and tbe grievant notified in writing oftbe action taken. Within ~ after referral, the superintendent shall meet with the grievant and a representative of said committee to consider the alleged grievance and shall indicate his disposition within ~ after said meeting. Step C. If the action taken at Step 8 fails to resolve the grievance to the satisfaction of the affected parties, the grievance shall be referred by the grievant and said committee to the employer within three (3) davs after receiving the report of the superintendent. The employer shall meet with the committee within ~ and advises the grievant and the 315 :>.9 ,""" ,-... committee of its disposition within ~ after the hearing. Step D. lfthe action taken in Step C fails to resolve the grievance to the satisfaction of the grievant, the grievant may refer the grievance to binding arbitration as provided in SEC. 903 of the act. In such case, the employer and the association shall each pay one half(1I2) of the costs of arbitration. Any grievance which is solely a matter of salary may be originally filed with the superintendent. The times of filing and responses shall be as in Step A If the written response fails to resolve the grievance the superintendent shall be notified as in Step 8 as though the superintendent's written response were that of the principal as in Step A, and a meeting shall be scheduled as provided in Step B. Thereafter the procedure shall follow the step procedure, as hereinbefore set forth. I, The employer shall deduct from the wages of those employees who so authorize such deductions by a proper and lawful written authorization, the dues established by the association. Said authorization form, which shall be valid for the term of this contract, to be executed by the employee shall contain an assignment and shall be furnished by the employer, 2, For the convenience of the employees, the employer shall make authorized deductions for twenty (20) pay periods during the months of November through August in as nearly equal amounts as reasonably convenient. Deducted amounts shall be remitted to the association after deductions are effected. Should an employee's employment terminate prior to the making of all deductions, the balance of the deductions shall be made from the employee's final pay. The employer shall not be responsible should said balance exceed the amount of the employee's final pay. Neither the employer nor the association shall discriminate or coerce any employee because of deduction or non-deduction of dues, or in joining or refraining from becoming a member of the association. 31 3l> The employer, to the extent *e same shall not unreasonably interfere with the operation school s stem shall u on the association's written request, grant no more than a total of . '''''' ~. fifteen (I S) employee days off with pay each sc,:hool year to be div.ued among empJoye~s designated by the association to attend any official association activities held on other than school property, The association's written request or requests, as appropriate, shall be given to the employer not less than seven (7) days prior to the time such time oft'is requested to commence, shall clearly identify the employee or employees to be released, and shall state the day or days for which time oft'is required. Whenever any representative of the association or any professional employee is required by the employer to participate in grievance proceedings, mediation, arbitration or court hearings during working hours, he/she shall suffer no loss of pay, JUS:IBIC: 1, The employer shall notify the association of all vacancies and new positions of the professional staff which occur within the school district. The notice shall state the title of the job and location of the job; and as to new positions, a brief job description. 2. The notice shall be given to anyone of the officers designated by the Carlisle Area Education Association as proper persons to receive such notice. In the absence of such designation by the association, the employer may give such notice to anyone of the officers of the association. Employer agrees that no professional vacancy which occurs within the bargaining unit shall be filled by the Carlisle Area School District until after ten (10) days notice is given. Notice may be given verbally on any business day to any such designated representative of the association, but will be confirmed in writing to such person. The time shall run from the date of the written notice to CAEA. Notice shall also be posted on the administration office bulletin board during the school term. During holidays and the summer vacation period, notice shall be given to such designated CAEA official by first class mail, postage prepaid, the notice period to run from the date of posting. The district maintains certain statistical and other data in which individual employees or the association may have an interest. Some of this data is public record, and some, such as, but not limited to persoMel records, must be considered as confidential to the individual involved. Insofar as the requested information is public, the administrative officer shall cooperate with any reasonable request to make available such information. In no event shall the employer be obligated to compile and assemble such information, but simply make it available, /.fO 3/ " ........., ,J .' .J ~, UIT 01' ADDmDNALDIPLOYJI:U lOTI:fII'I'IALLy I:I.IGDILZ JOa 1B2-U BONDI' -. Cathy Gipe ThlruaMaq LIia~~ &11""-". Bay 11dd8 W'dbum Cadly Wrfab& Kathy LM;.so 101m BInIII Mart~ : 1uIfe DaIfeL.' , Mafo ~.q'. n&WllBoltz (May.-) Merrf8P1b PIt Pub: MayJl"-of. DIIII8 @hiR.w. RutboAma Sszyder lr'''''... Balm . , Four IDdividuala 'Mlr'B memb.. oltha Barplniq Ullit In 92-93 IIIll have since accepted poamoDl U .dmlftlotntOrl. These iDdivlduall haw recelved appropriate Id,juatuumu U pm oltha adznlJII.strati compensafon plaD approved by the Hoard oItllrec:ora, 1'heretore they are not lined U pmemWly eIIs1ble employees ot'the Harp''''''. Unit. , ' J1\ArIlt Ie'NtJIDaI'CU:.I --. m 41 ~~~,,, R. CATHY GIPE THERESA M. MMG LEISA McAUCHER MICHELLE RAY .-., ) ~ LIST OF EMPLOYEES FOR WHOM ELIGIBILITY FOR THE 1992.93 BONUS IS ASSERTED BY CAEA A full.tlme professional employee (FTE) at the beginning of the 1992. 93 school year August '0. 1993 requested CRL * to start December 22. 1993 The School Board approved the leave November 18, 1993 effective December 22, 1993 June 7, 1994. employee requested extension of leave through 1994-95 school year A full-time professional employee (FTE) at the begInning of the 1992- 93 school year October 21,1992 requested CRL* to start November 28, 1992 The School Board approved the leave to start November 13.1992 On March 19, 1993, employee notified the District of her Intention to remain on leave through 1992-93 On July 13. 1993. employee notified the District of her Intention to remain on leave through 1993.94 May 4. 1994. employee notified the Superintendent that she would return for the 1994-95 school term, August 25, 1994 Employed as a full-time school nurse 1991-92 school year February 19. 1992. requested CRL* for the 1992-93 school term February 20, 1992 the Board approved the leave for the 1992.93 school term Employee returned to work May 10, 1993, and has worked since then Full-time professional employee (FTE) 1991-92 school year February 7.1993, requested CRL* beginning Aprll28, 1993 March 18, 1993 the Board approved the leave June 16. 1993 employee notified the District the she would remain on leave to January 3.1994 November 2. 1993 employee notified the Board that she Intended to remain on leave until Aprl127. 1994 Employee returned to work from leave May 2,1994 and continues to be employed LfZ-- '"'" """" JACKIE WITHUM A full.time professional employee (FTE) for the District tor the year 1992-93 June 8, 1993, requested CRL* effective October 25, 1993 June 24, 1993 the Board approved the leave effective October 25, 1993 Employee returned from leave August 25, 1994 and continues to work CATHY A, WRIGHT A full.time professional employee (FTE) for the District for the year 1991-92 June 2, 1992 requested CRL* to begin August, 1992 to November, 1992 July 16, 1992 the Board approved the leave November 6, 1992 employee retumed from leave and has worked since then KATHY SANTIAGO A full-time professional employee (FTE) for the 1992-93 school year August 16, 1993, requested a leave without pay for personal.* reasons September 16. 1993 the Board approved the leave effective August 26, 1993 Employee requested the leave continue to the end of the 1993-94 school term The Board approved the leave through the 1993-94 school term Employee returned from leave to work August 25, 1994 JOHN BARNES A full.time professional employee (FTE) for the 1992-93 school year August 18, 1993, requested leave effective August 3D, 1993 October 26, 1993 employee requested that the personal** leave continue from November 22,1993 through the 1993-94 school term August 25, 1994 employee retumed from leave to employment MARK ALEXANDER.GRAY December 17, 1992 the School Board appointed employee as a ,5FTE professional employee effective January 4, 1993 Employment continues from that date until the present l.fJ ~. I , ...- JUUANNE DANIELS 1992-93 school year, long-term substitute 1993-94 ,4 FTE professional employee and ,6 FTE long.term substitute By agreement with the Superintendent, she, on April 5, 1994, requested leave without payor other benefits, effective April 11 , 1994 She was not to return until next school term August 25, 1994, returned to active employment as ,4 FTE professional employee and ,6 FTE long-term substitute MARLO KLASSEN Hired as a long-term substitute beginning January 4,1993 to June 10, 1993 September 16, 1993, Board hired as a temporary professional employee effective August 26, 1993 Remains employed DAWN BOLTZ(MEYER) Hired January 4, 1993 through June 10, 1993 as long-term substitute June 24, 1993, appointed long-term substitute for the period August 26, 1993 through June 8,1994 Resigned, effective August 1, 1994 MERRIE LEE PRICE October 15, 1992, Board appointed her as long-term substitute for the period September 28, 1992 through June 10, 1993 Re-appolnted June 26, 1993, effective August 26, 1993 through June 8, 1994 Given a professional employees contract, August 23, 1994 PATRICIA PUTZ January 21,1993 the Board appointed herto the position of long-term l!ubstitute effective January 26, 1993 through June 10, 1993 Employee was reappointed by the Board August 19,1993 as a long- term substitute for a term beginning August 26, 1993 through June 8, 1994 Employee was re-appolnted August 18, 1994 as a long-term substitute effective August 25, 1994 through June 8, 1995 MARY RHOADS Appointed by the Board as a .6 FTE long-term substitute effective January 11, 1993 through June 10, 1993 Employee was given a professional employees contract as an FTE August 26, 1993 Employee continues to work to this date Lft 0"/15/1995 13:46 ~.t 0';. '~~ 71 7:406898 CARLISLE AREA5CHOOL 1~1~-: j:'~~",E: nC;:tiE!.--';'.. F"l.C!luEr: L:~jr::', - ..lt7~';2...:a'?: ~ ~ PAGE O:! l;':.J On Thursday, January 12. 1995, an arbitration was held in the mailer of the Carllsle Area Education Association and the Carllsle Area School District. The hwinllOOlc place in the dlslrict', office In CarUsle, Pennsylvania. The hsue be(on: the arbitrator wu whether the district violated the cotlectlve bargaining lI8rcement when It refused 10 pay certain employw a .,Ianin& bonus, . STATEMENT OF FACTS During the summer of 1992 the collective barplnine aareement between the Carlisle Area Ilducatlon Association and the Carlisle Area School District expired, A successor Igreement was not signed by both parties until July 22. 1994. The new agreement has a tonn of AUlust 16, 1992 throuah AUluSI IS, 1998. In the suecessor contract, the parties dealt with the issue at wages and salary by including tho following lanluase: A.~t1Vl!!ly l!mnloyl!d ml!mhl!r~ o( baraalning unit at riml! nf sianlD& are eliaible tor retroactive bonus and salary adjustments for 92.93 and 93-94. It is understood that for 1992.93. each employee will continue to ocaIPy the same salary step as occupied by the employee {or 1991-92, For 1993.94 and each y~ thereafter, each employee will advance one step on the schedule (or each year o( service until the employ'" has reached Step 22. Article U, Scetion A 1.. loint Exhibit NI (emphasis added). A separate salary schedule {or each of the yeus 92.93, 93-94. 94.95, 95-96, 96-97 and 97.98 was included in the contract. The parties added a note to the 1992.93 salary schedule which provides: "In addition to salary each FrE member at time 0' 5ivninr. employed (or the entitl! IM2.9:3 fl5cal Vl!.U' will receive a $1,000 bonus; each pan-time member will rcecive a proponlonal part or the bonus,. Att1cle nt, Section A, Joint Exhibit '1 (emphasis added). 0:/15/1995 13:46 7172406898 CARLISLE AREA SCHOOL ,,~ Ob/t~ ~ '1.~:27 ~EF. NORGiilfTHML F'l.I~I",E: LIl.:'":':'I' ...';'~~Oea;a PAGE 03 ,., "" "''-. The pattie! ate In qreement that the district's fiscal year runs Irom Iuly 1 tluough Iune 30. The partlet are also In agreement that the current contract was signed on Iuly 22, 1994. AI reflected In Article 11, Section A 1., the salary schedule (or 1992.93 wu the same as that for 1991.92, Nonethe1ets, because of the bonus referred to In Article ill, Section A, the execution of the contract on My 22, 1994 resullcd in'a 1992.93 compensation enhancement of 51.000 for mOlt members of the bargaining unit, Other members of the bargaining unit received something less than $1,000. Although they were barsalnlng unit members for the entire year. they were not fuU.time employee! during 19\n.93 and they received some proportion of the 51,000 bonus. For example. a teacher who laulht (or the entire 1992.93 year but whose responslbiUtios were described as ,S PTE received a SSOO bonus; I teacher who taulht the endre 1992.93 year but whose I'eSJlOnsibilitie! were de"cribed as .7 FI'E received a 5700 bonus. At issue in this case are 18 employees who fall Into one or more of three &eneral catelorie! and who have received no 1992.93 bonus. One of the categories InvolVe! employees who were not employed for the entire 1992.93 tiscal year, e.g., they began their employment with the district after July 1, 1992. A second category involves employees who were on authorized leave ror some portion of 1992.93. The tmal category of employees who have been denied a 1992.93 bonus involves employees who were on leave for some or all of the 1993.94 academic year. -2. 02/15/19'35 13:~6 71724068'38 CARLISLE AREA SCHOOL. '..' ..... l'''''."l~,'d~"iooo ~l..:'" 'c.~ ....t.t'i~1 . ":'~":".&..:~~.:;! -- PAGE 04 lie.; """ , , " ANALYSIS AND OPINION The dlslrice's position in this matter II stta\ahc1orward and simple. Ie uauel that to rcce1ve any portion of the 1992,93 bonus a baraainlna unic member must have been employed by the district on luly 1, 1992, mUlt not have been on leave for any period bllWoen 1uly I, 1992 wO\Iah lune 30, 1993 and also mUle have been actively employed by the c1Ulrict on July 22, 1994, A failure to satisfy each of those requirements, In the district's opinion, renders an 1n41vid\lll inel1&ibl. for the bonus, The alsociation araues that the only people rendcled IneUlible by the contract lanllllie It Issue are those who, through retirement or reslanadon, were not on the district's payroll on 1uly 22, 1994. r conclude that the association's interpretation more accurately refiects what the parties meant to accomplish with the 1992-93 bonus. It is clear that the salary each barplnini unit member received in 1992.93 was the same as that in 1991-92, therefore conslitulina no raise for 1992.93. There I. no lelal requirement that employees receive a raise each year and the panies could hive cenainly lached such an aareement. Instead. they chose to retroactively Increase compensation (or 1992-93 over the 1991-92 Icvclby means of a "bonllJ" for those baraaining unit members who rendered servius to the district In 1992-93. For full-time employees, the parties agreed the raise would be Sl,ooo. The parties also obvloualy recosnizcd that for employees who worked less than full-time. a $1.000 raise woUld constitute a much greater proportion of tota.! compensation. The parties therefore aareed that part-time employees should receive only a portion of tho bonus, -3- e2/15/1995 13:46 .- ". .. . .. 7172406899 CARLISLE AREA SCHOOL ..1_- ~_..wtV\ IM",o",.1C 'I"'''''~ ",.... ill"" ..1..:.... - . ~ ,.:...:~~;:~i ,.. .. . . . . , Given the p&rtles' qrcomllll that the bonus wu In lieu of a I&Iary Increase (Ot 1992. 93, II is reuonable to conclude that all barlalnlnl unit member. who rend.red service. to tho distriCt In 1992.93 are presumpdve1y entitled to the bonu.. That pre.umpdon may be rebutted by a cleat showlnl thaI the partl.e. meant to exclude certa.In types ot individuals from receipt 01 the bonus, The di.trict takes a -Ute:a11an.uqe- approach to the contractual provision. at issue, While .uch an appllcadon IUppOtU the district'. position, It b clear that the patt.lu never intended such a cramped interpretation of the contract. A look at the district'. uJUment 1e,udlng the phrase 'actlvely employed at time 01 .lllIin,' demonsltales the validity of thaI conclusion, The dl.lIict arlues that those baraalnln, unit members actively employed In 1992.93 who were on leave on 1u1y 22, 1994 shOuld not receive the bonus because they were not "actively emplOYed' on the day the collective baqalning agreemenl was signed, That argum.nt must b. rejected because of the way the district has already interpreted the contract's lan,uaee, ~ It one loob only at the 1itera1languale of the qreement, it I. difficult to imqlne that lily bu,aining unit members would be entitled to the signing bonu.. The Contract specifies that "actively employed members ot bargainln, unit at time or sllning are eligible" tor the bonus, At the time the contract was si2JIed, however. (luly 22, 1994) bargalnlna unil members were not actively employed. The parties' lolnl Exhibit #2 reveals that the last day oC 151513.941l1a.sses (or students and teachers Was June 16, 1994 and that the 1994.9' year commenced (or barllinin, unit members on AuJUsC 2.5, 1994. -4- 0:/15/1995 13:46 7172406999 CARLISLE A~EA SCHOOL PAGE 06 ~ .. , . . , . '. . The district's payment of the bonw co the vut ~ority of baraainlna unit members constitutea II clear aclcnowledaement that the contract Ianauaae must not be construed literally. It d.monstrates that on. did not have to havo actually been renderin, services to the district on luly 22, 1994 In ordar to have been .actively employed. on that dale, In addition, the dl.strict presented no evidence to support II conclusion that the elate luly 22, 1994 was I critical concern in the parties' negotiations, Everyt\lina in the record indicates that happenstance dictated the date on which the contract was staned. not dedan, It makes no sense to assign such sianiflcance to a date which bears no relationship to what the parties meant to accomplish,' Tho district next argues that a person iI ineligible (or the bonua If she was not .employed for the entire 1992.93 fiscal year,. That argument also must be rejected, No member of the baraainlna unit actually rendered services to the district for the entire period from luly I, 1992 tJuough lune 30, 1993 (lIle 1992-93 school y=r did not beain until Auaust 26, 1992 and concluded lune 10, 1993) yet most members of the unit received lIle bonw. The district's award of the bonus to those employees reveals, once aaain. that the contract's lanauaae must not be applied mechanically, To accept the district', approach would result in the fOllowln,: an employee who worlcocl halt tlm. the entire 92.93 year would l'el:oive a 5500 bonus; an employee who I What then did the parties mean to accomplish by the reference to "time of sllning" in Anicle n, Sectlon A? It seems ~nable to conclude that the parties meant 10 describe ~ bargalnlna unit memb.rs w.re eligible for retroactive adjustments, not ~ baraainina unit members were eliilble. That Is a logical way 10 give effect to tho parties' language about the signlnc date. The association. however, did not advan~ this argument. .,. ';1 02/15/1995 13:46 71 72406898 C~LISLE ~EA SCHOOL ...... .._.....,... . _'-'''''''-' I.. ,__.. ' .,...,,-,:~;,= PAGE 07 "...:0 ........ ...... ... ......... '..............' ..... ... . . , ... . worked tull.time ror 9/10', or the year IIId spent the other leftth at the year on authorized leave would rocelve nothln,. The dI.trict's UlUment Is without support, While it it reasonable to conclude that a person on leave Is not "actively employed,. none of the employees involved In the .rIevance seeks compensatlon ror time when she was on leave. Instead. each on-leave employee seeks 'portion of the 51,000 bonlll only tor the period of the 1992.93 year durlna which she actually rendered servfccs. For example, M. Ray worked Cull.tlme from Aupst, 1992 to April 28, 1993 IIId seeks 5835.00. K, Beam worked rrom AUlust. 1992 until Sept, 18, 1992 and seeIa $84.00, Nelther seeIa compensation ror the portion ot 1992-93' durlnl which she did not actively render services to the district. Because the district's conduct has demonstrafld that a literal interpretation ot the conlraCt I. not what It intended and because the end the parties sought to aceomplbh would be ill-served by a contrary Interpretation, I conclude that the district breached the qreemcnt by ilJ failure to pay the (ollowlnlindlvlduals a 1992-93 bonus: C. Olpe. T. Maag. L, McAllcher, M. Ray, 1. Wlthum, C. Wrllht, K. Santiago. 1. Barnes, M, Alexander-Gray. 1. Daniels, M, Klassen. D, Boltz, M, Price. P. Putz, M. Rhoads, D, Shlnskie, it, Snyder and K, Beam. -6- O~/15/1995 13:4&. 71724a&898 ~ CARLISLE AREA SCHOOL PAGE 08 "" . . . ... '# . AWARD The arievance is sustained, The district shall pay the (cUowln. individuals the amount listed after her/his name: c. Glpo T, MIaI L. McAJicher M. Ray 1, Wlthurn C, Wright X. Santiago 1. Barnes M. Alexander.Gray 1. Daniels M. K1usen D, Boltz M. Price P. Putz M, Rhoada D. Shlnslde R. Snyder X.Beam $1,000,00 30S,OO 122.00 835.00 1,000,00 727.00 1,000.00 1,000.00 282.00 1,000,00 $6.5.00 '65,00 884.00 484.00 269,00 $16.00 932.00 84,00 ~..~ " '" "-' '::,'7'-~-, .......~.\ .... ....'~1..... -,.;......J -'-""'--.. J'" ~C~ ~: '.; (___' Jane RiSler ,-? '- tf" /;.. ..,{ :? ~;.!e;P,-.... ; ........ '. ' ;,,' - Dace , .' . . I...'., ~ J?<.~ c;. - /<<;.::;. ,~-. " !" . , .' -7- A I', . . CARLISLE AREA SCHOOL DISTRICT, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 95 - 869 Civil Term v. CARLISLE AREA EDUCATION ASSOCIATION, CIVIL ACTION - LAW Respondent ANSWER TO PBTITION POR REVIBW AHD HOW comes the Carlisle Area Education Association, by and through its attorneys, Killian & Gephart, and does respond to the petition for Review and Application to Vacate Award of Arbitrator filed by the Carlis~e Area School District, as follows: 1. This averment contains a conclusion of law and as such requires no answer. 2. Admitted. It should be noted, however, that the correct citation for the Public school Code of 1949, as amended, is 24 P.S. 51-101 n USI.L 3. Admitted. By way of further answer, the Carlisle Area Education Association (hereinafter referred to as "the Association") is the exclusive bargaining representative for a group of professional employees of the Carlisle Area School District (hereinafter referred to as "the District"). 4. Admitted. 5. Admitted. 6. Admitted. By way of further answer, the Association and the District presented to the Arbitrator at the time of the hearing a Stipulation that included this list of employees. A true and ~-~- " -- correct copy of that joint Stipulation is attached hereto, marked as EXhibit "A," and incorporated herein by reference thereto. 7. Admitted. By way of further answer, the work histories of the ~8 employees who were denied all or part of the $1,000 bonus payment, were inc~uded in the stipulation found in EXhibit "A." 8. Admitted in part and denied in part. It is admitted that the District did not pay the seven persons named any part of the bonus for the 1992-93 fisca~ year. It is specifically denied that one of the qualifications for payment is that the individual whether full or part-time, be employed for the entire 1992-93 fiscal year. To the contrary, the language specifically establishes that full-time members of the bargaining unit employed for the entire year receive a $1,000 bonus; each part-time member will receive a proportional part of the bonus. 9. Denied. This averment is a conclusion of law and as such requires no answer. To the extent an answer is required, it is denied that 24 P.S. !i6-603 defines the term "fiscal year." 10. Denied. It is specifically denied that the contract provides that those who are on unpaid ~eaves of absence are not "active members." 11. Denied. Article IV, Sections B2, 3, 4, 7 and 8 of the contract are attached to the Petition for Review and speak for themselves. -2- !J-r(;- -- . 12. Admitted in part and denied in part. It is admitted that the six named individuals were on unpaid leave for part ot the 1992-93 school year and were not paid any part of the bonus by the District. It is denied that in order to be eligible for the bonus, the individua~ employed must be actively employed for the entire 1992-93 fiscal year. 13. Admitted in part and denied in part. It is admitted that the five named individuals were not paid any part of the bonus by the District. It is specifically denied: (a) that the collective bargaining agreement requires that the emp~oyees be actively employed on the date of signing of the contract: and (b) that the named individua~s were not emp~oyed on the date of signing of the contract. 14. Admitted. 15. Admi tted. 16. Denied. To the contrary, what the Association asserted was that on July 22, 1994, no member of the bargaining unit was "actively teaching." 17. Admitted in part and denied in part. It is admitted that the Arbitrator submitted her report on February 3, 1995. It is specifically denied that the Arbitrator ignored the express qualifications set forth in the Agreement. To the contrary, it is asserted that the Arbitrator correctly and accurately interpreted -3- 57 .. " the provisions of the collectJNe bargaining agreement presented to her. 18. Denied. It is specifically denied that the Arbitrator's Decision and Award is erroneous and should be vacated. a. Denied. It is denied that the Award is contrary to the rules of contract interpretation and it is denied that the Award is contrary to the express terms of the contract. Denied. It is denied that the Award is contrary to law. In the alternative, it is asserted that the Award clearly and plainly draws its essence from the terms of the contract. Denied. It is denied that the Arbitrator made her decision not on the terms of the contract. In the alternative, it is asserted that the Award is directly based on the terms of the contract. Denied. It is denied that the Arbitrator improper~y attempted to rewrite the contract. By way of further answer, it is specifica~ly asserted that the Award does draw its essence from the terms of the agreement and is consequently consistent with law. WBBRBFORB, the Carlisle Area respectfully requests this Honorable b. c. d. Education Court to Association dismiss the -4- 58 ~ ~ .sI1f.W.AIlQN. IT IS stipulated and agreed by and between the parties to the arbitration, CARLISLE AREA SCHOOL DISTRICT and CARLISLE AREA EDUCATION ASSOCIATION, as follows: 1, The contract involved is that by and between the parties signed July 22, 1994 for a term beginning August 16, 1992 to August 15, 199B, 2. The members of the bargaining unit involved in the grievance are those named on the list attached hereto as potentially eligible for the 1992-93 bonus, 3, The employment record for those persons beginning with the school year 1992-93 is attached hereto consisting of four pages, 4, The school calendars for the years 1992-93, 1993-94 and 1994-95 are those attached hereto, 5, The grievance involves a claim for a bonus of $1,000,00 or a part thereof, to which CAEA asserts that each of the listed members of the unit is entitled under the terms of the contract, specifically as set forth in Article II, Section A, Paragraph 1, (Page 1 of the printed contract), and the footnote to the 1992-93 salary schedule, Article III, Section A, (Page 4 of the printed contract). 6, The grievance is arbitrable, properly and timely filed and properly before the arbitrator for disposition. CARLISLE AREA SCHOOL DISTRICT By: James D, Flower CARLISLE AREA EDUCATION ASSOCIATION By: et:!' Lv Carl~nger Exhibit A 60 CATHY GIPE THERESA M, MAAG LEISA McAUCHER MICHELLE RAY ') ~ ) LIST OF EMPLOYEES FOR WHOM ELIGIBILITY FOR THE 1992.93 BONUS IS ASSERTED BY CAE A A full.tlme professional employee (FTE) at the beginning of the 1992- 93 school year August 2:1,1993 requested CRL* to start December 22, 1993 The School Board approved the leave November 18, 1993 effective December 22, 1993 June 7, 1994, employee requested extension of leave through 1994-95 school year A full-time professional employee (FTE) at the beginning of the 1992- 93 school year October 21, 1992 requested CRL* to start November 28,1992 The School Board approved the leave to start November 13, 1992 On March 19, 1993. employee notllled the DIstrict of her Intention to remain on leave through 1992-93 On July 13, 1993, employee notllled the DIstrict of her Intention to remain on leave through 1993-94 May 4, 1994, employee notllled the Superintendent that she would return for the 1994-95 school tenn, August 25, 1994 Employed as a full-time school nurse 1991-92 school year February 19, 1992, requested CRL* for the 1992-93 school tenn February 20, 1992 the Board approved the leave for the 1992.93 school tenn Employee returned to work May 10, 1993, and has worked since then Full-time professional employee (FTE) 1991.92 school year February 7,1993, requested CRL* beginning April 28, 1993 March 18, 1993 the Board approved the leave June 16, 1993 employee notllled the DIstrict the she would remain on leave to January 3.1994 November 2, 1993 employee notllled the Board that she Intended to remain on leave until April 2:1, 1994 Employee returned to work from leave May 2, 1994 and continues to be employed (;2. JACKIE WITHUM CATHY A. WRIGHT KATHY SANTIAGO JOHN BARNES ~ 1"'"'\ A full.tlme professional employee (FTE) for the District for the year 1992-93 June 8, 1993, requested CRL* effective October 25, 1993 June 24, 1993 the Board approved the leave effective October 25, 1993 Employee retumed from leave August 25, 1994 and continues to work A full.tlme professional employee (FTE) for the District for the year 1991-92 June 2, 1992 requested CRL* to begin August, 1992 to November, 1992 July 16, 1992 the Board approved the leave November 6, 1992 employee returned from leave and has worked since then A full.tlme professional employee (FTE) for the 1992-93 school year August 16, 1993, requested a leave without pay for personal** reasons September 16, 1993 the Board approved the leave effective August 26, 1993 Employee requested the leave continue to the end of the 1993-94 school term The Board approved the leave through the 1993-94 school term Employee returned from leave to work August 25, 1994 A full.tlme professional employee (FTE) for the 1992-93 school year August 18, 1993, requested leave effective August 3D, 1993 October 26, 1993 employee requested that the personal** leave continue from November 22, 1993 through the 1993-94 school term August 25, 1994 employee returned from leave to employment MARK ALEXANDER-GRAY December 17, 1992 the School Board appointed employee as a .5FTE professional employee effective January 4, 1993 Employment continues from that date until the present ~3 ~ ~ } JUUANNE DANIELS 1992-93 school year, long-term substitute 1993-94 .4 FTE professional employee and .6 FTE long-term substitute By agreement with the Superintendent, she, on April 5; 1994, requested leave without payor other benefits, effective April 11, 1994 She was not to retum until next school term August 25, 1994, retumed to active employment as .4 FTE professional employee and ,6 FTE long-term substitute MARLO KLASSEN Hired as a long-term substitute beginning January 4, 1993 to June 10, 1993 September 16, 1993, Board hired as a temporary professional employee effective August 26, 1993 Remains employed .DAWN BOL1L(MEYER) Hired January 4,1993 through June 10,1993 as long-term substitute June 24, 1993, appointed long-term substitute for the period August 26,1993 through June 8, 1994 Resigned, effectfve August 1, 1994 MERRIE LEE PRICE October 15,1992, Board appointed her as long-term substitute for the period September 28, 1992 through June 10, 1993 Re-appolnted June 26,1993, effective August 26,1993 through June 8, 1994 Given a professional employees contract, August 23,1994 PATRICIA PUTZ January 21, 1993 the Board appointed her to the posltfon of long-term l!ubstitute effective January 26, 1993 ~rough June 10, 1993 . Employee was reappointed by the Board August 19, 1993 as a long- term substitute for a term beginning August 28, 1993 through June 8, 1994 . Employee was re-appointed August 18, 1994 as a long-term substitute effectfve August 25, 1994 through June 8, 1995 MARY RHOADS Appointed by the Board as a .6 FTE long-term substitute effective January 11, 1993 through June 10, 1993 Employee was given a professional employees contract as an FTE August 26, 1993 Employee continues to work to this date 6lf DIANE SHINSKlE RUTH.ANN SNYDER KATHERINE BEAM ~ ~ Appointed long-term substitute beginning August 26, 1992 for the balance of the first semester of the 1992-93 school year Given a professional employees contract for the period beginning August 26, 1993 and has worked thereafter Professional employee at the beginning of the 1992.93 school year January 7,1993, requested CRL* beginning May 17, 1993, postponed to May 24, 1993 March 18,1993 the Board approved the leave effective May 24,1993 December 15, 1993, requested a second CRL * to be consecutive with the first starting August 11, 1994 through 1994.95 and 1995-96 school terms February 3, 1994 the Board approved the leave effective beginning the 1994-95 school term Professional employee for the 1992-93 school year July 6, 1992, requested CRL* to begin September 18, 1992 The Board approved the leave effective September 18,1992 March 29, 1993 employee notified the District of her Intention to return at the beginning of the 1993-94 school term Employee resigned July 28, 1994 Resignation accepted by the Board August 18, 1994 * CRL - Child Rearing Leave; Contract Provision, ArtIcle IV,IA Leeve, Sub-par. 8 ... Pellonalleave granted by the Board, not required by Contract or law (i;5" CAR~IS~E SCHOO~ DISTRICT 717248..9. ~ ~ P.02 .. CARLISLE AREA SCHOOL DISTRICT 1994-95 " Thurs., rri" AUqust 25, 26 Monday, August 29 Monday, September 5 Tuesday, September 6 Monday, october 10 Thursday, November 24 Tuesday, November 29 Friday, December 23 Tuesday, January 3 Monday, January 16 Friday, February 17 Monday, February 20 Thursday, April 13 Tuesday, April 18 Monday, May 29 Wednesday, June 7 ! L IN SERVICZ (ALL STAFF) PUPILS REPORT TO SCHOOL LABOR DAY CLASSES RESUME IN SERVICE (ALL STAFF) BEGIN THANKSGIVING REC!SS CLASSES RESUME BEGIN WINTER RECESS CLASSES RESUME DR. MARTIN LU'1'HER KING JR. No Students school Cloud NO Students school Closed school Closed school Closed IN SERVICE - AH ONLY (ALL STAFF) No Students rAMOUS AMERICANS School Closed BEGIN SPRING RECESS CLASSES RESUME school Cloud Memorial Day School Closed Thursday, June 8 LAST DAY or CLASSES GRADUATION IN SERVICE - HALF DAY AM ALto STAFf NO Students Make-up Days:- If no snow days are used, Harch 17, and/or March 20, will be vacation. days. The CASD 1s committed to providing all student days as noted the school calendar regardless of legislation and/or unforeseen emergency clOSlnqs. Make-up days, if necessary, can occur over any vacation 'period or the end of the school year. 7/28/94 CAR~IS~E SCHOO~ DISTRICT ?1~~e6.'. ~) CARLISLE 'ARZA',sCHOOL DII...U:c:T . . 't993~94 P.8,. '1'hur. ., Fri., AuqUS1: 26, 21 Monday, AUq\lI1: 30 Monday, Sep1:lmber 6 Tuesday, September 7 MOnday, October 11 Thursday, November 25 Tuesday, November 30 Thursday, DeCember 23 Monday, January 3 Monday, January 17 Friday, February 18 Monday, February 21 ThurSday, Harch 31 Tuesday, April 5 Monday, May 30 IN SEaVICE (ALL STAFr) PUPILS REPORT TO SCHOOL LABOR DAY CI.ASSES JU:SUME IN SERVICE (ALL STAFF) BEGIN THANKSGIVING RECESS CLASSES RESUME BEGIN WINTER RECESS CLASSES RESUME DR. HARTIN LUTHER KING JR. NO Stuc1en1:a School ClaUd No S1:udents Schaal Closed School Closed SChool Closed IN SERVICE - AM ONLY (ALL STAFF) No StUdents ~AHOUS AMERICANS School Closed Tuesday, June 7 BEGIN SPRING RECESS CLASSES RESUME Memorial Day LAST DAY or CLASSES (Early Dismissal) GRADUATION IN SEaVICE - HALf DAY ~ ALL STArr NO Students Schaal Closed .' school Closed Wednesday, June 8 TOTAL NUMBER OF DAY'S Teachers - 185 Students - 181 '1' S '1' S August 4 2 February 18,5 18 September 21 21 Harch 21 (11- 21 ( 1) OC1:ober 21 20 April 19 (1)- 19 ( 11 November 19 19 May 21 21 December 16 16 June 5,5 5 January 20 20 185 (2) 181 ( 21 Make-up Days:. If no snow day. are u.ed, Harch 30, and/or April 29, will be vacation days, The CASD is committed to providinq all student days as noted or the school calendar r8qardl88S of 18qisla~1on and/or unforeseen emergency clos1nqs. Hake-up days, if necessary, can OCCUr over any vacation period or at the end ~f the school year. Calendar subjec~ to chanqe pend1nq results of teacher contract neqotiation, fo7 C~R~IS~E SCHQQ~ DISTRICT ?l?~e.... ~ ) CARt%SLI AREA SCHOOL DISTRIct 1993-94 REVISED CALENDAR CUSSES lU:SUHE Hemorial Day LAST DAY OF CLASSES (ror students , teachers) Mon~.y, January 24 Monday, Hay 30 Thursday, June 16 ~.ll. School Closed Make-up days, if nece.sary, will occur at the end of the school year. CalBnd~ 8ub~ect to chanqe pendinq results of teacher contract neqotiation and/or inclement weather. Graduation date to be determined in consultation with high school administration. 02/01/94 SCHOO~ CA~ENDAR -- DAY COUNT DATE DAY NO. DATE DAY NO* 01/24/94 01/2:1/94 .01/2"/94 01/27/94 01/28/94 01/31/94 02/01194 02/02/94 02/03/94 02/04/94 02/07/94 02/08/94 02/09194 02/10/94 02/11/94 02/14/94 02/15/94 02/16/94 02/17/94 02/1S/94 0lU21 194 02/22/94 02/23/94 02/24/94 02/25/94 02/2B/94 03/01/94 03/02/94 03/03/94 03/04/94 03/07194 03/08/94 03/09/94 03/10/94 03/11/94 1'1 T W R F I't T W R F 1'1 T W R F 1'1 T W R F 1'1 T W R F I't T W R F 1'1 T W R F 79 SO 81 S2 ++ S3 S4 SlS S6 B7 as SCI' 90 91 . '2 93 94 915 96 97 98 99 100 101 102 loa 104 10lS 106 107 108 109 110 111 112 03/14/94 03/1:1/'i'4 03/16/94 03/17/94 03/1S/'i'4 03/21/'i'4 03/22/94 03/23/94 03/24/'4 03/2:1/94 03/2S/94 03/2'9/94 03/30/94 03/31/94 04/01/94 04/04/'4 04/0:l/'i'4 04106/94 04/07/'i'4 04/08/94 04/11/94 04/12/94 04/13/94 04/14/94 04/1:1/94 04/18/94 04/19/94 04/20/94 04/21/94 04/22/94 04/2:1/94 04/26/94 04/27/'i'4 04/e8/94 04/29/94 1'1 T W R F 1'1 T W A F .. T W R F .. .. ~ T W R F .. T W R F 1'1 T W R F I't T W R F 113 114 11:5 116 117 U8 119 leo U!1 19 123 left 12:1 126 187 128 le9 130 131 132 " 133 134 13:5 .... 136 137 138 139 140 141 142 143 144. 145 146 _ 147 _ ++ - SNOW DAY . - END OF FtRST SEMESTER .. - ACT 80 DAVCFULL DAV ELEM. HA~F DAV SEe) DATE OlS/02/94 0:5/03/'4 0:5/04/94 05l0lS/94 OlS/06/94 OlS/09/94 0lS/I0194 OlS/11I'P4 0:5/12/'4 0lS/13/94 0lS/16I'P4 OlS/17/94 0lS/18/94 0:1/19/94 0:1:120/94 0:1/23"4 0lS/e4/94 0lS/2:l/94 0:5/e6/94 DAY NO. 1'1 148 T 149 W 1:50 R 1:11 F 1:52 1'1 1:s3 T 1:54 W 1:1:5 R 1:56 F 1::l7 1'1 l:rS T lS9 W 160 R 161 F 162. 1'1 163 T U.4 W 165 R 166 107'--' 0lS/30/9A ~-~C~IDAV! 0:1/,31)94 .~ 168 \ 06/01194 .',W, 169 6/~'1"'''' "'if 170 : -I-d-~4-" - ~. i7i --- 06/06/94 1'1 172 06/07/94 T 173 06/08/94 W 174 06/Cl/94 T 17:1 06/lev'4 F 176 06/13/94 1'1 177 Ob/14/94 T 178 06/1:5/94 W 179 06/16/94 ~ 180 M3 C~Z.L.I: .CHOOL. DZ.TRZCT ?&?24...,. ~. I ./ ....a CAJU,XlSLB MIA SCHOOL I3X8TRIC'1' 19512-93 student. - 181 '1' IS February 18 (1) 18 (1) March 22 (1) 22 (1) APr1l 18 18 May 20 20 JUne 1 .5 7 l'i't1"2)'1ii (2: If no .now day. are u.ed, I'~ruary 12, azu'l/or March 19, w:i.l1 vaou10n daYS. others w:l.11 be added to the end of the Ichoo y.ar. . Wed., Thurs., I'r1" Auqu.t 26, 21, 28(~ only) Monday, Auqu.t 31 Monday, september 7 TUe.day, September' Monday, October 12 Thursday, November 26 Tuesday, >>ecember 1 Wednesday, >>ecember 23 Monday, January 4 Honday, .Tanuary 18 Monday, I'e])ruary 15 wedne.daY, Apr:l.l 7 Tue.day, APril 13 Monelay, May 31 wednelday, .Tune 9 Thursday, June 10 Teachers - 185 'l' 8 AUqust 3.5 1 september 21 21 octolJer 22 Z1 NoveJDl)er 18 18 December 1& 1& January 11 19 Make-up l3aYI: IN 8BRVXCZ (AL%. STArr) PUP%LS urOR'l' TO SCHOOL %.ABOR DAY CLASSES RESUHI IN ISBRVXCB (ALL STArr I BEGIN TRANKSGIVXNG RECESS CLASSIS RZSUHB BIGIN WXN'l'IR DCBSS CLASSES RESUHB DR. HARTIN LU'l'HER KING JR. I'AMOUS AMERICANS BBG%N SPUNG RBCBSS CLASSZS RESUHB Melllorial Day 1oM'l' DAY or CLASSBS (Karly D111111.sal) GRADUATION IN SIRV%C!: - HAL!' DAY AM ALl. lS'l'AI'I' No student. school closed No Students School Closed School Clo.ed school Closed School Clo.ed school Closed school Cloled No Students '1'O'l'JU. NUMBER or DAYS '-' ~ - 3 JgJqr; PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY/OF CUMBERLAND COUNTY: Please list the within mailer for the next: o Pre.Trlal Argument Court [ID Argument Court ------ ----------- ------- CAPTION OF CASE (enUre caption must be stated In rull) CARLISLE AREA SCHOOL DISTRICT, (Plalntirl) YL CARLISLE AREA EDUCATION ASSOCIATION, (Derendanl) VI. ~. , , .....'" ,....., 19~ 869 Civil Term No. I, Slate mailer to be arsued (I. e" plalnUfrs moUon for new trial, defendant's demurrer to complaint, etc.): Petition for Review and Application to Vacate Award of Arbitrator 2., IdenUfy co\lllsc1 who wW argue case: (a) for plalnUrf: James D. Flower, Flower, Morgenthal, Flower & 243-5513 Lindsay, 11 E. High st., Carlisle, PA 17013 (b) for derendant: J. Paul Hel vy, Killian & Gephart, P.O. Box 886, Harrisburg, PA 17108-0886 (717) 232-1851 3, I wID notify .n parUesln writing within two days that this case has been listed for arJUlllent._ ) ~{O ,. Dated: March 7, 1995 , \ , .. ::R - 5 '" ... 2 CICt >->- ""- ~~~.., I&.t,,""~_ u~c.:r -=oC>~ ....ZO...J a-:r_ lC-tU"l ...1,'1: -, J!: .l"R"',.;.c oll0hJUJ , ,.,"'.. ... ;. x'" ::> ;:;u :I z: -' ~ ../ ~ ~ ~ CARLISLE AREA SCHOOL DISTRICT, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW V. CARLISLE AREA EDUCATION ASSOCIATION, DEFENDANT 95-0869 CIVIL TERM IN RE: APPEAL FROM AWARD OF ARBITRATOR BEFORE HOFFER, J, AND BAYLEY, J, ORDER OF COURT AND NOW, this 1.\1\ day of April, 1995, the award of the arbitrator dated February 3, 1995, IS SUSTAINED, The appeal of the Carlisle Area School District from that award, IS DISMISSED. /}.:}" By the Court/,/" /' ~... . /~. ~/ Edgar B. Bayley, J. 7 James D. Flower, Jr., Esquire For Plaintiff _ ~ ~ Lf!.J.(., !9S". ..J .f ' J, Paul Helvy, Esquire For Defendant :saa ~ ~ , CARLISLE AREA SCHOOL DISTRICT, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. CARLISLE AREA EDUCATION ASSOCIATION, DEFENDANT 95-0869 CIVIL TERM IN RE: APPEAL FROM AWARD OF ARBITRATOR BEFORE HOFFER. J. AND BAYLEY, J. OPINION AND ORDER OF COURT BAYLEY, J" April 24, 1995:- The Carlisle Area School District appeals from an award of an arbitrator on a grievance flied by the Carlisle Area Education Association pursuant to the Uniform Arbitration Act at 42 Pa,C.S. Section 9301 et seq, Jurisdiction is conferred by the Judiciai Code at 42 Pa.C.S. Section 933(b), Briefs were flied and argument was held on April 19, 1995. During the summer of 1992, the collective bargaining agreement between the School District and the Association expired. A new agreement was not reached until two years later on July 22, 1994. The employees covered by that agreement received the same salary for the 1992-1993 school year that they received in 1991-1992. To help offset that, the agreement provided: The parties agree that wages and salaries to be effective by this agreement are accurately reflected in Article III made part of this Agreemant. Actively employed members of bargaining unit at time of sIgning are eligible for retroactive bonus and salary adjustments for 92-93 and 93.94. It is understood that for 1992-93, each employee will continue to occupy the same salary step as occupied by the employee for 1991-92. For 1993-94 and each year thereafter, each employee will ~ "" " , 95-0869 CIVIL TERM advance one step on the salary schedule for each year of service until the employee has reached step 22. (Emphasis added). .. . In addition to salary each FTE member at time of signing, employed for the entire 92-93 fiscal year will receive a $1,000 bonus; each part-time member will receive a proportional part of the bonus. (Emphasis added). Thereafter, the School District maintained that eighteen employees In three categories did not qualify for a bonus: (1) those who began their employment after July 1, 1992, the start of the School District's fiscal year; (2) those who were on authorized leave for some portion of the 1992-1993 school year; and (3) those who were on authorized leave for some or all of the 1993-1994 academic year, The Education Association maintained that the only employees ineligible for a bonus under the contract language were those who, through retirement or resignation, were not on the payroll of the School District on July 22, 1994. The on-leave employees sought only a pro-rated portion of the $1,000 bonus for the period of the 1992-1993 school year dUring which service was actually rendered, The dispute as to whether the School District violated the collective bargaining agreement by refusing to pay the eighteen employees went to arbitration. The arbitrator held that the School District breached the agreement by its failure to pay a 1992-1993 bonus to all eighteen employees. The School District appealed. In Leechburg Area School District v, Dale, 492 Pa. 515 (1981), the Supreme Court of Pennsylvania stated: -2- ~ t""\ " 95-0869 CIVIL TERM This Court has held that review of an arbitrator's decision Is highly circumscribed, and will not be overtumed If It draws Its essence from the collective bargaining agreement. Ringgold Area School District v. Ringgold Education Association (PSEAlNEA), 489 Pa. 380, 414 A.2d 118 (1980); County of Allegheny v. Allegheny County Prison Employees Independent Union, 476 Pa. 27, 381 A.2d 849 (1977). In Community College of Beaver County v, Community College of Beaver County, Society of the Faculty (PSEAlNEA), 473 Pa. 578, 375 A.2d 1267 (1977), we stated the test to be applied; 'To state the matter more precisely, where a task of an arbitrator, PERA or otherwise, has been to determine the Intention of the contracting parties as evidenced by their collective bargaining agreement and the circumstances surrounding its execution, then the arbitrator's award is based on a resolution of a question of fact and Is to be respected by the Judiciary If "the interpretation can In any rational way be derived from the agreement, viewed in light of its language, Its context, and any other indicia of the parties' intention. . .'" Ludwig Honold Mfg, Co, v, Fletcher, 405 F,2d 1123 (3d Clr. 1969). Id., 473 Pa, at 593-594, 375 A.2d at 1275. This so-called 'essence' test draws its origins from federal decisional law which mandates judicial deference to an arbitrator's findings. (Footnote omitted), 'It is the arbitrator's construction which was bargained for, and so far as the arbitrator's decision concems the construction of the contract, the courts have no business overruling him because their Interpretation of the contract Is different from his.' United Steelworkers v, Enterprise Wheel and Car Corp" 363 U.S. 593, 599, 80 S,Ct. 1358, 1362,4 L.Ed.2d 1426 (1960), The essence test requires a determination as to whether the terms of the agreement encompass the subject matter of the dispute, Where it is determined that the subject matter of the dispute is encompassed within the terms of the agreement, the validity of the arbitrator's Interpretation Is not a matter of concem to the court. The Court concluded: The fact that this arbitrator In analyzing this dispute may have failed to properly perceive the question presented or erroneously -3- t*\ ~ '. 95-0869 CIVIL TERM resolved It, does not provide Justification for Judicial Interference. Our Inquiry ends once It Is determined that the Issue properly defined Is within the terms of the agreement, (Emphasis added). In a concurring opinion, Justice Flaherty stated: I join the majority opinion with the hope that we have now made It clear, after repeatedly so holding, that the'. , . arbitrator In analyzing (a) dispute may have failed to properly perceive the question presented or erroneously resolved it, (but that) does not provide justification for judicial Interference, Our inquiry ends once It Is determined that the Issue properly defined Is within the terms of the agreement.' So be It! The function of the arbitrator In the present case was to Interpret the bonus language In the collective bargaining agreement to determine If any of the eighteen employees were entitled to payment. The dispute centered around the use of the words, "Actively employed. . . at the time of signing," which the arbitrator analyzed In some detail. In its brief, the School District maintains that the arbitrator's Interpretation of the contract language "makes the clauses in question appear nonsensical, which gives [the arbitrator] the rationale to reject them and to substitute for them clauses which [the arbitrator] deemed to be equitable," The School District concludes, "[The arbitrator's] analysis, however, fundamentally misinterprets the reasonable meaning of 'actively employed' under the terms of the contract." Even If we were to agree with the School District, a decision we need not make, there Is no basis for relief. The terms of the collective bargaining agreement clearly encompass the subject matter of the dispute that was submitted to arbitration. The properly defined Issue was within the terms of the Agreement. Whether the eighteen -4- ~ ~ ~ 95-0869 CIVIL TERM employees were entitled to all or part of a $1,000 bonus was a matter of contract InterpretatIon that made It the proper subject for arbitration under the "essence test." Thus, we are required to defer to the decision of the arbitrator.' Accordingly, the fOllowing order Is entered. ORDER OF COURT AND NOW, this -2,,\ day of April, 1995, the award of the arbitrator dated February 3, 1995, IS SUSTAINED. The appeal of the Carlisle Area School District from that award, IS DISMISSED, -. /" By the Court, ! /.7 .' ,// / / .. .1...- James D. Flower, Jr., EsqUire For Plaintiff J. Paul Helvy, EsquIre For Defendant :saa 1. In accord, West Shore School District v, West Shore EducatIon AssocIation, 36 Cumberland L,J. 20 (1985), affd, 102 Pa. Commw. 574 (1986); West Shore School DIstrict v. West Shore Education Association, 37 Cumberland L.J. 140 (1986), affd, 113 Pa. Commw. 98 (1988); West Shore School District v. West Shore Education Association, 36 Cumberland L.J, 63 (1987); Big Spring School District v. Big Spring Education AssocIation, 41 Cumberland L.J. 239 (1991). Contrast, East Pennsboro School District v. Lenker and East Pennsboro Education Association, (opinion and order dated May 30, 1991, at 788 Civil 1991), affirmed by the Commonwealth Court by order dated April 16, 1992, at 1370 C.D. 1991, where this court reversed an arbitration award because the power of the arbitrator was exceeded, -5- 4 c.. J ~ ~ Ln l7> ::-'h - ~ = :c ~ '-- " ~ ':;J ,-ry -. .' "-I ':.;-.'j \f '--'" .... ~ :.:, .... ... ""~ d.) = ';Jc..' ~ " \~, v-" .~.~;. .:<.l. ~ ~ ..:I' J:l.l<l: :I: ~~ ~ ~J:l. ..:I o ':3: I-l U><i<t> E<..:II-l r..Z U 001 E<"8 Z 0\ 0:: 0\0 OOI-la:l 8~tlcr l<l:1Il ~ 0\ :I:~..:I E<ell-l zS~c:i I-lUUZ , tl li! E< III I-l Q ..:I o o o III . > r.. o ~ J:l. ~ I'l ... . 0 ...I Z ~ ~>-o ti< <~ (J.l- 1Il",~~z (J.l~12:Slii~ ~:d3~:I:~ ~~:;!~!:2~ :ec::z~:I:z .~ Q 0'" (J.l c:: ~ m I: III Po:. ~o 0 0( ~ ~ o~g; :::!e ...I 0( ...I IJ.. ~ U Z o ..... I-l I': G ~ o 0 ~ ~ ~ ~ 8! I-l ~H! Ill.... ....U ~~ H Q) I': o .M ..... .M ..... Q) J:l.. ~! ~ III ~ ~. .... ~ Z '''" " ;J.. :to"~ ......wi'. . - _ .........",.., '-'_~'P_~i ..\, OJ. . , . ... .. 5 N t!: ,........t...tf) ..<NO. ~ i!; . ~ ozet.. llI:l':lci>-< W....W ::llI:::'" g~g~ ~~~j "'(J.l"'O WI.')~llI: ::EO:(< ~llI:....U --->;;: ---- ;';'" ", . . It. _. . " ,. .- ~ I.",J . . sf;;. ~ /'15' , -. .... . " .. \ ,.. " , ~ CARLISLE AREA SCHOOL DISTRICT, Petitioner V8, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW NO, 95-0869 CIVIL TERM CARLISLE AREA EDUCATION ASSOCIATION, Re8pondent NOTICE Is hereby given that Carlisle Area School District, Petitioner above named, hereby appeals to the Commonwealth Court of Pennsylvania from the Order entered in this matter on the 24th day of April, 1995. this Order has been entered In the docket as evidence by the attached copy of the docket entry, FLOWER, MORGENTHAL, FLOWER & UNDSAY, P.C. Attorneys for Petitioner B '- , y: ,. James D, Flower, Esquire I D # 06272 11 East High Street Carlisle, PA 17013 (717) 243.5513 "".,,-;t\ :II .".\' ~ ,~\\\it. ";'-,,';l:\~~\~ .l\ \\\'""':. .' .. ,~~.~.:\ \ ,'(\~ .. ,1" ' . ..,' ,... \\~' "\ '" SlO, 'if 0 PYS5l0 1995-00~69 Cumberland County Prothonotary's ~il Case Inquiry _ t.TITIOli, Of~ce Page 1 '. .led......... .. 2/17/95 10:36 superior Co Execution Date Sat/Dis/Gntd. . Jury Trial.. , . ******************************************************************************** General Index Attorney Info CARLISLE AREA SCHOOL DISTRICT PETITIONER FLOWER JAMES D CARLISLE AREA EDUCATION RESPONDANT HELVY J PAUL ASSOCIATION .......***...........**...............**...**........................***........ * Date Entries * .....**....................**................................................... Judge Assigned: Judgment: BAYLEY EDGAR B ,00 0/00/00 0/00/00 02/17/95 PETITION FOR REVIEW AND APPLICATION TO VACATE AWARD OF ARBITRATOR 03/08/95 ANSWER TO PETITION FOR REVIEW 03/08/95 PRAECIPE FOR LISTING CASE FOR ARGUMENT BY J PAUL HELVY ESQ 03/l6/95 SHERIFF'S RETURN (SERVED DEFENDANT 318/95) SHERIFF'S COSTS $22,80 PD ATTY 04/25/95 OPINION AND ORDEa OF COURT - IN RE APPEAL FROM AWARD OF ARBITRATOR AWARD OF ARBITRATOR SUSTAINED - APPEAL DISMISSED BY JUDGE EDGAR B BAYLEY - COPIES MAILED 4/26195 ............**.**......***...**.......**....***.***...******...***.*..*...***... * Escrow Information * * Fees & Debits . Beq Bal Pvmts/Ad1 End Bal * *********..*.*...*.**.**....*.*..**..****~..*.**'**.****.........**...***....**. 35.00 35,00 ,00 .50 .50 .00 5.00 5.00 .00 5,00 5,00 ,00 ------------------------ ------------ 45.50 45.50 .00 ...***...***.....**..****..................**.**........*****...***..***.*****.* * End of Case Information * ******************************************************************************** PETITION TAX ON PETITION SETTLEMENT JCP FEE TRUE COpy FROM . In TesthllOl'Y....._. I he RECORD nd n,IVI1lUl, re unto SlIt my hand ;~~~ 01 said Court at Carlisle. PI. . I tt... dab -~i. 19 ~~ Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW NO. 95-0869 CIVIL TERM ... . AND now, this ~:;) """i.. day of vL1~ , 1995, I, James D. Flower, Esquire, J. Paul Helvy, Esquire KILLIAN & GEPHART 218 Pine Street Harrisburg, PA 17101 Thomas Cheffins, Court Administrator Cumberland County Court House One Courthouse Square Carlisle, PA 17013 The Honorable Edgar B. Bayley Cumberland County Court House One Courthouse Square Carlisle, PA 17013 '"" CARLISLE AREA SCHOOL DISTRICT, Petitioner vs. , . CARLISLE AREA EDUCATION ASSOCIATION, Respondent of the law firm of FLOWER, MORGENTHAL, FLOWER & LINDSAY, P.C., Attorneys, hereby certify that I served the within Notice of Appeal this day by depositing same in the United States Mall, First Class, Postage Prepaid, In Carlisle, Pennsylvania, addressed to: FLOWER, MORGENTHAL, FLOWER & LINDSAY, P.C. Attorneys for Petitioner By: ame . Flower, Esquire I D # 06272 11 East High Street Carlisle, PA 17013 (717) 243-5513 . '-I-'/S' ~ """' IN TH~ ~OMMONWEALTH COURT OF PEN~ ~LVANIA NOTICE OF DOCKETING APPEAL Docket No: 1238 C.D. 1995 Filed Date: OS/22/95 Re: CARLISLE AREA SCH. DIST. v.CARLISLE ED ASS Lower Court No.: 95-0869CIV A Notice of Appeal, a copy of which is enclosed, from an order of your court has been docketed in the Commonwealth Court of Pennsylvania. The docket number in the Commonwealth Court is endorsed on this notice. The Commonwealth Court docket number must be on all correspondence and documents filed with the Court. Under Chapter 19 of the Pennsylvania Rules of Appellate Procedure, the Notice of Appeal has the effect of directing the Court to transmit the certified record in the matter to the Prothonotary of the Commonwealth Court. The ~omplete record, including the opinion of the trial judge, should be forwarded to the Commonwealth Court within forty (40) days of the date of filing of the Notice of Appeal. Do not transmit a partial record. Pa. R.A.P. 1921 to 1933 provides the standards for preparation, certification and transmission of the record. The address to which the Court is to transmit the record is set forth on page 2 of this notice. NOTICE TO COUNSEL A copy of this notice is being sent to all parties or counsel indicated on the proof of service accompanying the Notice of Appeal. The appearance of all counsel has been entered on the record in the Commonwealth Court. Counsel has thirty (30) days from the date of filing of the Notice of Appeal to file a praecipe to withdraw their appearance pursuant to Pa. R.A.P. 907(b). Appellant or Appellant's attorney should review the record of the trial court, in order to insure that it is complete, prior to certification to this Court. (Note: A copy of the Zoning Ordinance must accompany records in Zoning Appeal cases). The address~s to which you are to transmit documents to thig Court are set forth on Page 2 of this Notice. If you have special needs, please contact this court in writing as soon as possible. Lower Court Judge: Honorable Edgar Bayley Jr. Attorney: James D. Flower Esq. Attorney: J. Paul Helvy Notices Exit: 05/30/95 Prothonotary c.. " ~ ,'" ~::; u::> Lr' ~ f"", Address all written communications to: ~ Office of the Prothonotary Commonwealth Court of Pennsylvania P. O. Box 11730 Harrisburg, PA 17108 (717) 787-8836 Filings may be made in Derson at the following address (except on Saturdays, Sundays and legal Holidays observed by Pennsylvania Courts) between 9:00 a.m. and 4:00 p.m. Office of the Chief Clerk Commonwealth Court of Pennsylvania Room 624 Sixth Floor South Office Building Harrisburg, PA 17120 (717) 787-8836 Pleadings and similar papers (but not paperbooks or certified records) may also be filed in Derson onlY at: Office of the Prothonotary Commonwealth Court of Pennsylvania Filing Office Suite 990 The Widener Building One South Penn Square Philadelphia, PA 19107 (215) 560-5742 The hours of the Philadelphia Filing Office are 9:00 a.m. to 4:00 p.m. Under PA. R.A.P. 3702, writs or other process issuing out of the Commonwealth Court shall exist only from the Harrisburg Office and shall be returnable thereto. LAW OFFICES .fJ ~R, MORGENTHAL, FLOWER" L1N~.y A PROFESSIONAL CORPORATION 11 EAST HIGH STREET, CARLISLE, PENNSYLVANIA 17013-3016 - CARUSLE AREA SCHOOL DISmlCT, PeUtloner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PEN VLVANIA CIVIL AcnON . LAW ( NO. 95-0869 CIVIL TERM fZ-:;f' (/)0~- . . V8. CARUSLE AREA EDUCAnON ASSOCIAnON, . . Re8pondent NOTICE Is hereby given that Carlisle Area School District, Petitioner above named, hereby appeals to the Commonwealth Court of Pennsylvania from the Order entered In this matter on the 24th day of April, 1995, This Order has been entered In the docket as evidence by the attached copy of the docket entry. FLOWER, MORGENTHAL, FLOWER & UNDSAY, P.C, Attorneys for Petitioner " . t I By: L+a.u.r)"l b ~~ t James D, Flower, Esquire I D # 06272 11 East High Street Carlisle, PA 17013 (717) 243-5513 TRUE COPY FROM RECORD In T1sllmooy whon!of, , haro unto set my hand and the soal of said Caur! ell Garllsle, Pa. , this JiJ.....( day' of ,t.~'7 ' 19 h ~'(/'. 12 7lr..dtL~. ~, Prothonotary ~ ~ NO'l'ICE The Commonwealth Court is instituting a new service in order to speed copies ot orders and opinions to attorneys litigating cases in this Court. We will FAX copies ot all orders and opinions in a given case to counsel upon written request and the payment ot a $50.00 service charge. It you wish to avail yourselt to this service, please till out and return the int~rmation below and attach a check made payable to .the Commonwealth Court ot Pennsylvania in the amount ot $50.00, BE SURE TO INCLUDE THE DOCKET NUMBER OF THE CASE. Caption ------------------------------------------------------------------- I desire to have all orders or opinions in the below captioned case taxed to me, Name , Esq. Docket Number FAX Number Signature I I. --....... '--0, " ,...., As at August 15, 19,. BUHBBR OP COPIES FOR PILIHG COHKO!flIBALTB CODllT ORrOYHaL ANn ORR COPY Motion tor Extension (2nd - $10., 3rd , subsequent _ $25.1 Pl'aeoipes Motion to Dismiss/Quash Motion tor Supersedeas Preliminary Objeotions All Pre-Trial Motions ORronm.r.i AIm TWO coprBS Petition tor Review - $55. Petition tor permission to Appeal - $55. (C.D.'1 Petition tor Review or Appeals Nunc Pro ~una - 955. 1311(bl Petition tor Review - $55. Petition tor Reconsideration of Single Judge Orders - Original Jurisdiction - $15. Exceptions ORIaI~ AND PIPTBBH COPIES Petition tor Reconsideration of Single JUdge Orders - Appellate Jurisdiction - $15. Motion to Publish Opinion Petition tor Reargument En Banc - $15. PIPTBBH COPIES Briefs Memoranda of Law ~ I I BIaB'l' COPIBS Reproduced Reoords ..........--. "--, -. 88' ". ... .f --- '.' .v IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Mo. 'S - .4' civil Tera CARLISLE AREA SCHOOL DIS'l'RICT, petitioner v. ~SLE AREA EDUCATION ASSOCIATION, Respondent BRIBI' 01' TBB RBS1'OHDBHT 1M SUP1'ORT 01' TBB ARBITRATION AwaJU) J. Paul Helvy, Esquire Killian & Gephart 218 pine street P.O. Box 886 Harrisburg, PA 17108 (717) 232-1851 Attorney 1.0. *53148 81 . "" "" .., TABLB O~ CITATIONS go EAsIA Central Susquehanna Intermediate Unit Education Association v. Susquehanna Intermediate Unit 116, 74 Pa. Commonwealth 248, 459 A.2d 889 (1983).......... 5 Community college of Beaver County v. Community college of Beaver County, Society of the Faculty (PSEA/NEA), 473 Pa. 576, 375 A.2d 1267, 1275 (1977)............... 4, 5, 9 Leechburg Area School District v. Dale, 492 Pa. 515, 424 A.2d 1309, 1312 (1981)............... 4 Ludwig Honold Mfg. Co. v. Fletcher, 405 F.2d 1123, 1128 (3d cir. 1969).................... 4, 5 Mifflinburq Area Education Association v. Mifflinburq Area School District, 118 Pa. Commonwealth 328, 545 A.2d 419 (1988)......... 5 -ii- q/ . ~ ..~ " ~ I. PROCBDURAL HISTORY On Thursday, January 12, 1995 an arbitration was held before Arbitrator Jane Rigler, who was mutually selected by the parties. The issue before the Arbitrator was whether the District had violated the collective barqaJ,ni_r1g_~g~e~III~~,1:-'!Ihe_IlJ~J:tltuaeUQ.. pay certain emplo~ees ~_~!~ning bonus which had been negotiated in the collective, bargaining. agreement in lieu of any raise for the ~ .~__4....._.~ ~._-----_~~,... professioll~~d!a.~p-'l()Y_~~s between :he 1991-92 school year and the - ~ ---^~.,--_... .-. 1992-93 school year. On February 3, 199? the Arbitrator issued an _ . J Award finding for the Assoe~~ti~_and directing the District to comply with the provisions of the collective bargaining agreement. On February 17, 1995 the District filed a petition for Review and Application to Vacate the Arbitrator's Award. On March 8, 1995 the Association filed an Answer to the Petition for Review as well as I \ I i I 1 I I t a praecipe listing the case for argument. II. PACTUAL BACKGROUND The Carlisle Area Education Association is the exclusive bargaining representative for a group of professional employees employed by the Carlisle Area school District. During the summer of 1992 ~he collective bargaining agreement between-~he-A~sociation and t!!!--~at.rj.!::t.-expired.- ,.,..-- Although the parties engaged in extensive negotiations no collective bargaining agreement was reached between the parties until July 22, 1994. The agreement set . -- - 1 - "'"" fllll\ forth a salary schedule commencing wi.~l! ,~~_t!..J.992~93. school year. _._....__ . __,' . .-....-.....__.0..- It is significant to note that the members of the Association received the exact same salary for 1992-93 as they had received for ~' the 1991-92 school year. This issue was addressed in two separate sections of the collective bargaining agreement. The first was Article II, Section A, paragraph 1 which read as follows: The parties agree that wages and salaries to be effective by this agreement are accurately reflected in Article III made part of this agreement. Aotively employed m.abers of bargaining unit at time of signing are eligible for retroaotive bonus aDd salary adjustments for 92-93 aDd 93-94. It is understood that for 1992-93, each employee will continue to occupy the same salary step as occupied by the employee for 1991-92. For 1993- 94 and each year thereafter, each employee will advance one step on the salary schedule for each year of service until the employee has reach~d step 22. (emphasis added) Article III, sec=t:~ A ~:11~~~,~~~ professional employees' salary schedules and alaw~ ~~ footnote'which ~g~d~ ~~ f~11e~8: . 1_ In addition to salary each FTE member at time of signing, employed for the entire 92-93 fiscal year will receive a $1,000 bonus: each part-time member will receive a proportional part of the bonus. ----, This "bonus" concept was initially prese~e bargaining table by the District in concept form. The Association subsequently voted to accept the bonus payment concept and the District then prepared the language set forth above which now exists in the collective bargaining agreement. At the hearing before the Arbitrator the Association presented unrefuted testimony that the District was asked by the Association's chief negotiator who would be ineligible to receive the $1,000 bonus. The unrefuted - 2 - , , ~ _4___.",.__., .....__.......__ . '" "., .., testimony presented at the arbi-eration was that the District's representative had indicated that only those individuals that had resigned or retired would be denied the $1,000 bonus. E-FolloWing the implementation of the agreement 18 individuals who were expecting to receive the $1,000 bonus (or a proportional part for part-time employment during 1992-93) did not receive any payment. These individuals fall into three categories: 1. Employees who began their employment with the District after July 1, 19921 2. Employees who were on authorized leave during the 1992-93 school year; and 3. Employees who were on authorized leave for some or all of the 1993-94 academic year. After discussions with the District it became apparent that the parties had a different understanding of the meaning of the language of the agreement. During the course of discussions regarding the appropriate interpretation of the contract language the Association provided the District with a document entitled "Criteria for Payment of $1,000 Bonus" (a copy of which is attached hereto and marked as Exhibit 1) which sets forth the Association's position regarding the proper interpretation of the collective bargaining agreement. This document was introduced as an exhibit at the arbitration. The District chose not to provide the - 3 - ~ ~ . District's understanding of the meaning of the language until the arbitration. At the arbitration the parties also presented a stipulation of Facts (a copy of which is attached hereto and marked as Exhibit 2) wherein the parties stipulated, among other items: 1) to the employees who the Association contends did not receive the bonus1 2) the employment history for each of these employees 1 and, 3) the fact that the grievance was arbitrable, properly and timely filed and properly before the Arbitrator for disposition. III. ISSn Should aD Arbitrator's Interpretation of the Term. of a Colleotive Barqaininq Aqreement be Upheld if it i. . Rational One? suqqested ADswerl Yes. IV. ARGUMENT A. The Court's soope of aeview of aD Arbitrator's Determination is Extremely Limited. It is a well settled principle that the standard of review of an arbitrator's decision is "highly circumscribed, and will not be overturned if it draws its essence from the collective bargaining agreement." Leechbura Area School District v. Dale, 492 Pa. 515, 424 A.2d 1309, 1312 (1981). In fact: To state the matter more precisely where the task of an arbitrator ... has been to determine the intention of the contracting parties as evidenced by their collective - 4 - ~ fAt bargaining agreement and the circumstances surrounding its execution, then the arbitrator's award is based on a resolution of a question of fact and is to be respected by the Judiciary if 'the interpretation can in any rational way be derived from the agreement, viewed in light of its language, its context, and any other indicia ot the parties' intention... Ludwia Honold Mfa. Co. v. Fletcher, 405 F.2d 1123, 1128 (3d Cir. 1969).' Community Col1eae of Beaver County v. Community Colleae of Beaver Countv. societv of the Facultv CPsEA/NEA\, 473 Pa. 576, 375 A.2d 1267, 1275 (1977). The test of the scope of review of an a~bitrator's decision revolves around the question of whether the issue over which the parties have disagreed is encompassed within the parties' agreement and whether the arbitrator's interpretation of the agreement is reasonable. See Miffllnbura Area Education Association v. Mifflinbura Area School District, 118 Pa. Commonwealth 328, 545 A.2d 419 (1988). In application of this test our Commonwealth Court has gone so far as to state that even a situation where "the arbitrator may have failed to properly perceive the question presented or erroneously resolved it does not provide justification for judicial interference." Mifflinbura, 545 A.2d at 422 citing Central susauehanna Intermediate Unit Education Association v. Central Susauehanna Intermediate Unit #16, 74 Pa. Commonwealth 248, 459 A.2d 889 (1983). - 5 - ~ ~ B. Th. Arbitrator's D.t.rmination that the 18 Baploy... in Qu.stion W.r. Bntitled to R.o.iv. Some Portion of the '1,000 BODU. con.titut.. a Logioal and Rational Int.rpr.tation of the Colleotiv. Barqaininq Aqr....nt. The case which was presented to the Arbitrator did not turn on a factual determination, nor did it require the Arbitrator to interpret the complex statute or apply the rationale of an existing case to the facts presented before her. The only function of the Arbitrator in this case was to interpret the contractual language which had been prepareQ by the School District regarding the $1,000 bonus which was to be given to members of the Association in lieu of a raise for the 1992-93 school year. As previously stated, the Arbitrator's determination in this case must be upheld if that determination draws its essence from the collective bargaining agreement and is rational. To say that the Arbitrator's interpretation of the collective bargaining agreement was a rational one is an understatement. A review of the language in question makes it clear that the Arbitrator's determination is not only rational but is the correct decision in this case. I I' ! There are only two sections of the collective bargaining agreement which the Arbitrator was required to interpret. The first is found in Article II, Section A, Paragraph 1, which reads in pertinent part that: The parties agree that wages and salaries to be effective by this agreement are accurately reflected in Article III and made part of this agreement. Actively - 6 - ~ ~ , employed members of bargaining unit at time of signing are eligible for retroactive bonus and salary adjustments for 92-93 and 93-94. It is understood that for 1992-93, each employee will continue to occqpy the same salary step as occupied by the employee for 1991-92. For 1993- 94 and each year thereafter, each employee will advance one step on the salary schedule for each year of service until the employee has reached step 22. The second phrase is the footnote found to Article III, Section A (the salary schedule) which reads as follows: Note: In addition to salary each FTE member at time of signing, employed for the entire 92-93 fiscal year will receive a $1,000 bonus; each part-time member will receive a proportional part of the bonus. In rejecting the District's position the Arbitrator examined the manner in which the District interpreted the words "actively employed at time of signing." The Arbitrator noted that the District's interpretation was nonsensical. If the words "actively employed" were given their literal meaning as the District had argued, none of the employees of the bargaining unit would be entitled to receive the "bonus" because none of the employees were actively employed due to the fact that the District was on summer break on July 22, 1994 which was the signing of the agreement. The Arbitrator also noted that the District presented absolutely no evidence to support a conclusion that the July 22, 1994 date was a critical concern to the parties' negotiations. As the Arbitrator stated: ~erything in the record indicates that happenstance di~d the date on which the contract was signed, not design. It makes no sense to assign such significance to - 7 - ~ ~ '. a date which bears n:;r lationship to what the parties meant to accomplish. (Arbitrator's opinion, p. What the parties meant to accomplish by this provision was to provide the Association members incentive to sign an agreement that provided no raise for the 1992-93 school year. Whether the Association members were on unpaid leave as of the signing of the agreement was completely irrelevant to the parties' intentions. The Arbitrator goes on to note that the logical way to interpret the language contained in Article II, Section A, Paragraph 1 regarding "time of signing" is that it sets forth when bargaining unit members are eligible for the bonus payment not which bargaining unit members were eligible. opinion, p.5, fn.1.) In this appeal the District is obviously unsatisfied with the (See Arbitrator's Arbitrator's determination. What the District would like to ignore is that in the collective bargaining agreement that was arrived at through extremely difficult negotiations, the District agreed that any disputes over the interpretation of the collective bargaining agreement would be resolved by an arbitrator. Article VI of the collective bargaining agreement defines a "grievance" as "a dispute arising out of the interpretation, misapplication or violation of the terms of this agreement." The District admits in its Brief that the term "actively employed" is not explicitly defined by the contract. It then goes on to argue that some section of the - 8 - ~ ".... contract referring to insurance benefits should somehow be controlling on the issue of how the words "actively employed" should be interpreted for the purpose of determining who is entitled to the $1,000 bonus. In othar words the District is stating that although it bargained for the interpretation of an arbitrator, it only wants to be bound by that interpretation if the arbitrator agrees with the District's position. Such gamesManship should not be condoned. The District would also like to ignore the rather significant fact that the Association's chief negotiator was informed that only those individuals that had resigned or retired would be 4enied the $1,000 bonus. This fact was undisputed at the arbitration in this case. The District simply should not be allowed to give one interpretation of its language during negotiations and another interpretation when it comes time to Make good on a deal. V. CONCLUSION The Arbitrator's obligation in this case was to interpret the collective bargaining agreeMent in a rational manner based upon "its language, its context and any other indicia of the parties' intention." Communitv Col1eae of Beaver Countv v. Communitv Colleae of Beaver Countv, SUDra. The parties' intention in this case was to provide the Association Members incentive to sign a collective bargaining agreement that gave them no raise for the - 9 - ~ ~ 1992-93 school year. The District's attempt to deprive 18 members who were employees during the 1992-93 school year and who continued to be employees at the time of the signing of the agreement simply does not comport with either the language of the contract or the parties' intention. Based upon the above the Association respectfully requests this Honorable Court to uphold the determination of the Arbitrator. . Paul Helvy, Esqu illian & Gephart 218 Pine street P.O. Box 886 Harrisburg, PA 17108 (717) 232-1851 Attorney I.D. #53148 Attorneys for Respondent " I , I I I I I I I I i i I I I I I I I I i I i Dated: April 14, 1995 t ! i i I - 10 - ~ ,-.." CRITERIA FOR PAYMENT OF $1,000 BONUS A. ...A!:1lMHI. Section A. SAl.A5V SCIjI;Q!.l.IJa j992.~~ Note: In addition to salary each FTE member at time of signing, employed for the entire 92.93 fiscal year will receive a $1,000 bonusj each part-time member wiD receive a proportional part of the bonus. 1. In order to be eligible for the bonus an Individual had to be employed during 1992- 93 and receiving salary ("In addition to salary"). . 2. If the Individual was employed full-time for the complete 1992-93 school year, the Individual Is entitled to the full $1,000 bonus ("each FTE member ... employed for the entire 92-93 fiscal year"). 3. Ari individual who was .DQ! employed full-time for the complete year Is entitled to a proportionate share of the $1,000 bonus ("each part-time member will receive a proportionate share of the bonus"). Examples: a. An employee working half-time for the year (and consequently receiving half salary for 1992-93) is entitled to a $500 bonus. . b. An employee working full-time for less than the complete year Is entitled a proportionate share equal to the portion of the year worked O.e. the portion of the regular 92-93 salary received). An Individual retuming from unpaid child-rearing leave during 1992-93 who received 65% of the full-time 92-93 salary, Is entitled to a $650 bonus. B. ~,. Section A . Waaes and Salarv PrOVisions Actively employed members of bargaining unit at time of signing are eligible for retroactive bonus and salary adjustments for 92-93 and 93-94. 1. The collective bargaining agreement was signed on July 22, 1994. On that date no member of the bargaining unit was "actively teaching". In order to be eligible for the $1,000 bonus for 92-93, an individual must continue to be a member of the bargaining unit O.e. employed as a professional employee by the Carlisle Area School District) on July 22, 1994. The eligibility for the bonus Is not affected by the employee's leave status for 93-94 or 94-95. 2. 3. An individual who resigned, retired, or In any other way termineted the employment relationship with the CASD prior to July 22, 1994, Is not eligible for any portion of the $1,000 bonus, notwithstanding that the individual may have been employed full-time for the entire 92-93 year. Exhibit 1 #:J 103 CATHY GIPE THERESA M. MAAG LEISA McAUCHER MICHELLE RAY ~ ,,J """" , . . LIST OF EMPLOYEES FOR WHQM ELIGIBILITY FOR THE 1992.9~ BONUS IS ASSERTED BY CAEA A full-time professional employee (FTE) at the beglMfng of the 1992- 93 school year August 2:1, 1993 requested CRL* to start December 22, 1993 The School Board approved the leave November 18, 1993 effective December 22, 1993 June 7, 1994, employee requested extension of leavethrcugh 1994-95 school year A full.tlme professional employee (FTE) at the begfnn/ng of the 1992- 93 school year October 21,1992 requested CRL* to start November 28,1992 The School Board approved the leave to start November 13,1992 On March 19, 1993, employee notified the DIstrict of her Intention to remain on leave through 1992-93 On July 13, 1993, employee notified the District of her intention to remain on leave through 1993-94 May 4, 1994, employee notified the Superintendent that she would retum fer the 1994-95 school tenn, August 25, 1994 Employed as 8 full-time school nurse 1991-92 school year February 19, 1992, requested CRL * fer the 1992.93 school tenn February 20, 1992 the Board approved the leave for the 1992.93 school tenn Employee returned to work May 10, 1993, and has worked since then full-time professional employee (FTE) 1991-92 school year February 7,1993, requested CRL* beginning Aprll28, 1993 March 18, 1993 the Board approved the leave June 16, 1993 employee notified the District the she would remain on leave to January 3, 1994 November 2, 1993 employee notified the Board that she intended to remain on leave until April 2:1, 1994 Employee returned to work from leave May 2, 1994 and continues to be employed JACKIE WITHUM CATHY A. WRIGHT KATHY SANTIAGO JOHN BARNES 1'""'\ ........ A full.tlme professional employee (FTE) for the DIstrict fer the year 1992-93 June 8, 1993, requested CRL* effectlve October 25, 1993 June 24, 1993 the Board approved the leave effectlve October 25, 1993 Employee returned from leave August 25, 1994 and continues to work A full.tlme professional employee (FTE) for the DIstrict fer the year 1991-92 June 2, 1992 requested CRL* to begin August, 1992 to November, 1992 July 16, 1992 the Board approved the leave November 6, 1992 employee returned from leave and has worked since then A full-time professional employee (FTE) for the 1992-93 school year August 16, 1993, requested a leave without pay for personal.. reasons September 16, 1993 the Board approved the leave effective August 26, 1993 Employee requested the leave continue to the end of the 1993.94 school term The Board approved the leave through the 1993-94 school term Employee returned from leave to work August 25, 1994 A full-time professional employee (FTE) for the 1992-93 school year August 18, 1993, requested leave effectlve August 30, 1993 October 26, 1993 employee requested that the personal.* leave centlnue from November 22, 1993 through the 1993-94 school term August 25, 1994 employee returned from leave to employment MARK ALEXANDER-GRAY December 17, 1992 the School Board appointed employee as a .5FTE professional employee effectlve January 4, 1993 Employment continues from that date until the present ~. ~ ) JUUANNE DANIELS 1992-93 school year, long-term substitute 1993-94 .4 FTE professional employee and .6 FTE long-term substitute By agreement with the Superintandent, she, on April 5; 1994, requested leave without pay or other benefits, effective AprD 11, 1994 She was not to return until next school term August 25, 1994, returned to active employment as .4 FTE professional employee and .8 FTE long-term substituts MARLO KLASSEN Hired as a long-term substitute beginning January 4, 1993 to June 10, 1993 September 16, 1993, Board hired as a temporary professional e~ployee effective August 26, 1993 Remains employed DAWN BOLlZ(MEYER) Hired January 4, 1993 through June 10, 1993 as long-term substitute June 24, 1993, appolntad long-term substitute for the period August 26, 1993 through June 8,1994 Resigned, effective August 1, 1994 MERRIE LEE PRICE October 15, 1992, Board appointed her as long-term substitute for the period September 26, 1992 through June 10, 1993 Rs-appolnted June 26, 1993, effective August 26, 1993 through June 8, 1994 Given a professional employees contract, August 23,1994 PATRICIA PUTZ January 21, 1993 the Board appointad her to the position cflong-term ~ubstitute effective January 26, 1993 ~rough June 10, 1993 . Employee was reappointed by the Board August 19, 1993 as a long- term substitute for a term beginning August 26, 1993 through June 8, 1994 . Employee was re-appointed August 18, 1994 as a long-term substitute effective August 25, 1994 through June 8, 1995 MARY RHOADS Appointed by the Board as a .6 FTE long-term substitute effective January 11,1993 through June 10, 1993 Employee was given a professional employees contract as an FTE August 26, 1993 Employee continues to work to this date CAR~IS~E SCHOO~ DISTRICT 7172.e..,. ....2 1""""'1 ,-., .. CARLISLE AREA SCHOOL DISTRICT 1994-95 Thura., E'r1., Auqust 25, 26 Monday, Auquat 29 Honday, September 5 Tuesday, September 6 Monday, october 10 Thursday, November 24 TUesday, November 29 Friday, December 23 TUesday, January 3 Monday, January 16 Friday, Fabruary i7 Monday, February 20 Thursday, April 13 Tuesday, Apr11 18 Monday, May 29 Wednesday, June 7 IN SERVIC!: (ALL STAr!') PUPILS REPORT TO SCHOOL LABOR DAY CLASSES RESUME IN SERVICE (ALL STArr) BEGIN THANKSGIVING RECESS CI.ASSES RISON! BEGIN WINTER RECESS C%.ASSES RESUME DR. HARTIN LUTHER KING JR. No studantl School Clo..d. NO Studanta Ichool Cloud Ichool Clo.ed school Closed IN SERVIC!: - AM ONLY (ALL STAFF) No Students FAMOUS AMERICANS School Closed BEGIN SPRING RECESS CLASSES RESUME Icbool Clo..d Thursday, June 8 Hemor1al Day LAST DAY or CLASSES GJW:)UATION IN SERVICE - HALF DAY AM ALL STA!'!' Scbool Clond NO Students Make-up Days:- If no snow days are used. March 17, and/or March 20, will be vacation, days. The CASD is comm1tted to provid1nq all student days .. notel tbe scbool calendar regardless of leqislat10n and/or unforeseen emerqancy clos.nqa. Make-up days, if necessary. can occur over any vacation'period 0: the end of tbe school year. 7/28/94 CARLISLE SCHOOL DISTRICT 717248..,e f"'"'\. ,'. ,.... , CAJU.%St.E 'AUA ,sCHOOr.. !:llL. dC':l' . ~993~94 ".e. , , Thurs., Frj,., AUgust 26, 27 Monday, August 30 Monday, September 6 Tue.day, September 7 Monday, October 11 Thursday, November 25 Tuesday, November 30 Thursday, December 23 Monday, January 3 Honday, January 17 Friday, February 18 Honday, February 21 Thursday, Harch 31 TUesday, April 5 Honday, Hay 30 Tuesday, June 7 IN :snv:J:CI (ALL STArr) PUPILS REPORT TO SCHOOL LgOR !:lAY C%.ASSES RESUME IN SERVICE (ALL S'1'AEr I BIGIN THANKSGIVING RECESS C%.ASSES RESUME BEGIN WINTER RECESS C%.ASSES RESUME DR. HAR'l'XN LUTHER KING JR. No Students school Closed No Students school Closed School Closed school Closed IN SERVICE - AM ONLY (ALL STAFr) No students FAMOUS AMERICANS School Closed Wednesday, June 8 BEGIN SPRING RECESS C%.ASSES RESUME Memorial !:lay LAST DAY OF CLASSES (Early D1smissal) GRADUATION IN SERVICE - HALF DAY ~ AU. STAn' school Closed ., school Cloud NO Students 'l'OTAL NUMBER OF DAYS Teachers - 185 Students - lSl '1' S '1' 8 Auqust 4 2 February 18.5 18 September 21 21 Harch 21 (1). 21 (11 October 21 20 April 19 (1). 19 (11 November 19 19 Hay 21 21 December 16 16 June 5.5 5 January 20 20 185 (2) 181 (21 Make-up Days:- If no snow day. arB used, March 30, and/or April 29, will be vacation days. The CASD is committed to prov1ding all student days as noted c the school calendar reqardless of leqislation and/or unforeseen emerqency clos1nqs. Hake-up days, if necessary, can occur aver any vacation period or a the end o~ the schaol year. calendar Subj8C-e ta chanqe pend1nq results ot teacher contract neqotiation. 1/2- 3/18/93 -, CARLISLE SCHOOL DI8TRICT 71724...'. ,-. 1""1 CARtlSLE AREA SCHOOL nlsTRxcr 1993-94 RlV%SE:D CALlNrlAR CtASSES RESUHE Memorial Day LAST DAY or CLAS8ES (ror students , taachers) . , Hon~ay, January 24 Honday, Hay 30 Thursday, June 16 ,.... , . 'chool cloaad Hake-up days, if necessary, will occur at tha end of tha achool yaar. Calandl subject to chanql pending results of taacher contract negot1atioD and/or inclement weather. oraduation date to ba daterminad in consultation, with biqt school administration. 02/01/94 SCHOOl.. CAI..ENDAR - DAY CDIJNT DATE DAY Nal DATE DAY NOtt 01/24/94 01/2:1/94 01/2"/94 01/27/94 01129/94 01131194 02/01194 02/02/94 02/03/94 02/04/94 oe/0?/94 02/08/94 012/09/94 012/10/94 02/11/94 02/14/94 02/15/94 012/16/94 02/17/94 02/18/94 02/21194 02/22/94 02/23/94 02/21t/94 02/25/94 Oe/2B/94 03/01/94 03/02/94 03/03/94 03/04/94 03/07/94 03/09/94 03/09/94 03/10/94 03/11/1jl4 11 T W R F 1'1 T W R F 11 T W R F 11 T W R F 11 T W R F " T w R F l"I T W R F 79 BO 81 Be ++ B3 B4 B:5 B6 B7 S8 B9 '90 91 . 92 93 94 9:5 '96 97 '98 '99 100 101 10e 103 104 10:5 106 10? lOB 109 110 111 112 03/14/94 03/1:5/94 03/16/94 03/17/94 03/1EI/94 03/el/94 03/22194 03/23/94 03/24/94 03/2:1/9#+ 03/2B/.4 03/2<<P/94 03/30/94 03/31/94 04/01/94 04/04/94 04/0:1/94 04106/94 04/07/.4 04108194 04/11/94 04/12/94 04/13194 04/14/94 04/1:5/94 04118/94 04/19/94 04120/94 04/21/94 04/22/94 04/2:5/94 04/26/94 0#+/27194 04128/94 04/29/94 _ - SNOW DAV . - END OF F1RST SEMESTER .. - ACT eo DAVCFULL ,,~ 1'1 T W R F " T w R F 11 T W R F .. 11 ~ T W R F 11 T W R F " T W R F 1'1 T W R F 113 114 lUI 116 117 liS 119 120 121 lea 123 124 um 126 187 128 129 130 131 132 " 133 134 13:5 .-, 136 137 131 139 140 141 148 143 1 'tit ' 14:1 146 - 147 _ HAI..F DAV SEe) DATIl: DAY ND4t 0:1102/94 05/0319,. 0:5/04/9#+ ' 0S/05194 05/06194 05/091.4 05/10/94 05/111'4 0:1118/'9" 0:5/13/9.. 05/16/'9" OS/17/... 05/1B/9'+ 05/19194 0:1110/9,. OS/23194 05/24194 05/e/94 0:11&6194 " 148 T 149 W USO R 1:11 " 1l5a " usa T 1:54 W U5:I R lS6 " I~ 1'1 19 T 1159 W 160 R 161 F 168' " 163 T I.... W 16:5 .. 16. rlt7'-- 05/30/~ ~'~~~nAY I 0:5/,31/9" '... 1.. \ 06/~1/94 .. ..~, 16., JotI,Il' .. W 170 ' .,..,.'+_. . ;t' ~ 71"-- 0./06/'4 " 1,. 06/0719'+ T 112 06/08/94 w 174 06/"/9'+ T 17:5 061 lev'" " 176 06/13/94 " 177 06114194 T 178 06/1:1/94 W 179 06/16194 ~ SBO ".8lS CA~~I.~E SCHaO~ DISTRICT 71724...'. ;""\ ,....., .'"" .' CARI.:tSLE MU. acHOOL 1)%S'1'JUC'1' 1992-93 '1'eachers - 1.85 students - 181 If 8 If II AUqust 3.5 1 !'ebruary 18 ( 1 , 11 september 21 11 Ha1:'ch n (1) 22 october Z2 21 Mldl l' 18 November 18 18 Hay 20 20 necember U 1& .nme '1.5 '1 JanuarY 19 19 1~ Wed., 'l'hurs., rr:1., AUQust 2&, 2'1, 28(AM only) Honc!ay, Auoust 31 Honday, september '1 TUesday, september 8 Monday, october 12 Thursday, November 2& '1'uesday, December 1 We~esdaY, December 23 Honday, January 4 Mon4ay, .TaDuary 11 Hon4ay, J'ebruary 15 wednesdaY, Apr:Ll '1 TUesday, April 13 Honaay, Hay 31 wecmea4ay, .7UDe 9 'l'hurs4ay" June 10 IN SIRVIC! (AI.%. S'1'AI'I') PUP%LS RE'ORT '1'0 IICHOOI. LABOR DA'f C!J\8SES USUHB 111 IIIRv:tCB ( AI.%. SlfAl'J') BEG%N THAHKBGIVING DCBSS C1oA8SBS QSUMI!: PGIN wmn:R REeBSS C!J\8BES USUHB DR. HARTIN LUTHBR taNG n. I'AMoua J\MJ:JUCMB DGD Sl'UNG REeBSS CLASSBS USUHB Hemorial Day LAST DA'f or CLASSES (lar17 D:1..1..&1) QJtADUA'1'ION D IIIRV%CI - HALl' DA'f AM ALL STAlT No students School Closed No student. School Cloud .chool Closed school Closed Icbool Clona school Closed Bchool Closed No Students '1'O'1'AI. mnmSR or DATil (1) (11 (2 If no snow days are used, rel:lruary 12, and/or March 19, will vacation claYS. others .,111 be added to the end of the schoc year. . Make-UP 1)ays: OH ~ ~~ Eo< r'l ... CJ "" :%! ... 5,.. . 0 ~>< ~ Eo< ~ . ,..J Z to- "" Pol/l l/ll-l ol-I ~ :2~~ ti~ ,.."'1::... Z~ ~ HGI Z I:: t-.<"'''' 01:: 0 GI H I-<Ul~~~~ '" ~ . ~ O~ 0 H 'U r:>: ... r:>:"" ~Po ~ ~.... ~ I:: l:Q zO~:SI-> o _ H Ool-l 0 IJJ Z 11l r:>:u.lci>- o ~s: i:; 0,... C. l/l ~:Jo~:t~ ~~=s :aol-l 0 1Il u.ll.:lu.l< ~ U en ~r:>:~'" CJ CJGI . ~ 8l gj 0~:;!jd2~ l/lPo 1Il 0000 001 > Z ~~z~:tz ...::e...2!: 0 0\ ~ ~~ 0 .IJJQOl-u.I u.. . La....... Eo<CJZ \0 H ~~ffil:l1l11: .::e ' . r:>: 0 IX) Eo< o r:>: 0:; -~ OOH H ~Ol) <;5~ "'u.I"'O O~Eo< H Eo< u.ll.:lu.lr:>: CJ CJ ~ ~Eo< ~ ,..J '" "'11l ::eo::E< ~ < III lil:S Po ou... "':;j 0\ l/l ,..J < c:II:: ~r:>:~U :a~~ H HCJ U. -< -si--- Eo<~~ ~ ~~ u . ---- ZOH g HCJCJ . . I..J , . 'wJ . . to . CI' APR ~ 1995J," . .;j....brf ~ -- CARLISLE AREA SCHOOL DISTRICT, Petitioner, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY, PENNSYLVANIA CIVIL ACTION - LAW NO. 95. 869 CIVIL TERM vs. CARLISLE AREA EDUCATION ASSOCIATION, Respondent. PROCEDURAL HISTORY This action is an appeal from an Arbitrator's decision finding in favor of the Carlisle Area Education Association {hereafter "CAEA" and against the Carlisle Area School District, (hereafter "DISTRICr.) on the merits of a CAEA grievance. The appeal Is In the form of a Petition for Review and Application to Vacate Award of Arbitrator, to which Is attached, as exhibits, the labor contract entered into between the parties the 22nd day of July, 1994, a list of eighteen members of the bargaining unit affected by the grievance, the work histories of each of those eighteen, and a copy of the opinion and decision of the Arbitrator from which this appeal Is taken, FACTS The CAEA and the District entered Into a collective bargaining agreement on July 22, 1994, which agreement was to have a term from August 16; 1992, to August 15, 199B, The Agreement further provided that certain employees would receive a retroactive bonus, The contract provided in pertinent part at Article II, Section A, paragraph 1: I ! 'I :! II jl a:Ju...brt: ~ 1"'\ The parties agree that wages and salaries to be affected by this Agreement are accurately reflected In Article III, made a part of this Agreement. Actively employed members of the bargaining unit at the time of signing are eligible for retroactive bonus and salary adjustments for 1992.93 and 1993-94. The above section references Article III, and In Article III, Section A, as a footnote to the 1992-93 salary schedule, It Is provided that: Note: In addition to salary, each FTE member at the time of signing, employed for the entire 1992-93 fiscal year, will receive a $1,000.00 bonus; each part time member will receive a proportional part of the bonus, In Interpreting the Agreement, the District concluded that for the bonus to be paid to a bargaining unit member that Individual must have been: 1. Actively employed on the date of signing the Agreement, July 22,1994; and 2. So employed for the entire 1992-93 fiscal year. In the section of the collective bargaining Agreement pertaining to the insurance provisions, language appeared distinguishing between "active" and "'nactlve" employees: Employees on unpaid leave of absence may continue the fringe benefits enjoyed by active members of the unit by paying the cost of such benefits to the employer, quarterly, in advance. Based upon the language of the collective bargaining Agreement, three categories of employees were Identified who did not qualify for the bonus, One group of Individuals were not employed as of July 1, 1993, but were hired during the course of that fiscal year, and, consequently were not employed for the entire 1992-93 fiscal year. The second group of 2 aIJ.II.brt """' fi"". individuals were on unpaid child rearing or personal leaves without payor other benefits (as opposed to sabbatical leave during which one receives salary and benefits) for all or a portion " , of fiscal 1992-93. These Individuals were not considered to be eligible for the bonus since they were not "actively employed" for the entire applicable fiscal year. A third group was Identified as not being qualified for the bonus since they were not actlvely employed as of July 22, 1994, the date of signing of the Agreement, having been on unpaid child rearing or personal leave. The arbitrator, after hearing, Interpreted the term "actively employed" as set forth In the contract as meaning "rendering service", Accordingly, she concluded that since part of the fiscal year 1992.93 was a summer vacation, that no teachers could have been "actively employed" during the summer vacation, and, consequently, that this test was meaningless and should be disregarded. She similarly concluded that no one could have been "actively employed" on the date of execution of the contract, July 22, 1994, because that date feil during a summer vacation, The Arbitrator, consequently, concluded that the qualifying language for the bonus should be Ignored, and that ail of the Identified claimants should be paid a retroactive bonus. APPLICABLE LAW The Commonwealth Court In yltv of Phll~delphia v, Fratemal Order of Pollee, 565 A,2d 1232, 1234 (Pa, Comwth, 1989), set forth the standard o! review for grievance Arbitration as follows: 3 I , :\ a:Jam...brt ~ ~ When examining a grievance arbitration case under Act 195, It Is clear that for most employees the proper Inquiry Is whether the award draws its essence from the collective bargaining agreement, ...and that standard is akin to the one set forth In Section 7302(d)(2) of the Uniform Arbitration Act, Under this Section a reviewing court Is permitted to modify or correct an arbitration award only where 'he award Is contrary to law and Is such that had it been a verdict of a jury the court would have entered a different judgment or a judgment notwithstanding the verdict., The U. S, Supreme Court observed: An arbitrator Is confined to interpretation and application ofthe collective bargaining agreement; he does not sit to dispense his own brand of Industrial Justice. ...hls award Is legitimate only so long as it draws Its essence from the collective bargaining agreement. When the arbitrator's words manifest an infidelity to this obligation, court have no choice but to refuse enforcement...of award. Our state Supreme Court has made it clear that the essence test is essentially the same as the judgment n,o,v. standard. The Court has further opined that subsumed within the essence test standard of review Is a requirement that the arbitrator's award cannot be manifestly unreasonable. (citations omitted) To the same effect Is North Star School District V, North Star Education Association, 625 A.2d 159 (Pa. Cmwlth. 1993) where after reciting the foregoing language said at page 160: ...a court is required to modify or correct an award where it Is .contrary to law and is such that had it been a verdict with a jury the Court would have entered a different judgment or a judgment notwithstanding the verdict, Collective bargaining agreements are interpreted by application ofthe general rules of contract law, Sheet Metal Workers Local 19 v. Kevstone Heatlna and Air Conditioning, 934 II /, I F.2d 35 (Pa,C.A.3rd 1991), In interpreting contracts, a court must first examine its language and, 4 .1 J ..... brf ""'" r-- If the contract's language Is clear and unequivocal. Its meaning must be determined by Its contents alone. Mears. Inc. v, National Basic Sensors. Inc., 486 A.2d 1335 (Pa.Super. 1984). A court should not give an agreement a construction which Is In conflict with the plain meaning of the language used in the agreement. Rosen v, Emolre Valve and Frttlna. Inc.. 553 A.2d 1004 (Pa,Super. 1989). The court should assume that the language of a contract was chosen carefully, Daniels v, Bethlehem Mines Coro" 137 A.2d 304 (pa. 1958). In construing a contract, each and every part of it must be taken Into consideration and given effect. If possible. and the Intention of the parties must be ascertained from the entire Instrument. Wrenfleld Homeowners Ass'n.. Inc. v, DeYouna, 600 A.2d 960 (Pa,Super. 1991). Also, the court should assume that the parties were not Ignorant of the language employed. Steuart v, McChesney. 444 A,2d 659 (pa. 1982). Finally, legal terms of art. as well as common words of accepted usage, should not be construed In a manner which would render contractual provisions internally inconsistent. Soarler v. Fireman's Ins, Co, of Newark. N,J" 521 A.2d 433 (Pa.Super. 1987). Moreover, when Interpreting a specific term in a contract the entirety of the contract must be taken Into consideration. Fidelity Federal Savlnas and Loan Association v. t~. 830 F. Supp. 262 (E,D.Pa, 1993). A contract must not be construed so as to render any of Its terms meaningless. First Phlladelohla Realty Core, v, Albanv Savlnas Ban~. 609 F. Supp. 207 (D,C,Pa. 1985). Effect must be given to alljJrovlslons of a contract, Commonwealth Deoartment of Transoortatlon v, Manor Mines. Inc" 565 A.2d 428. 523 (Pa. .1989). One part of a contract cannot be Interpreted so as to annul another. Landla v. Landlg, 624 A.2d 651, (pa. 1993). 5 --,' . I I !I 11 .:J....bl't' ~ 1""'" ARGUMENT The central Issue In this matter pertains to the Arbitrators Interpretation of the term "actively employed" In the contract clauses relating to the bonus, She interprets the clause "actively employed' as actually teaching, or as she says 'renderlng services" at the specific time in question, She says that since no teacher was actually teaching on the date the contract was signed, July 22, 1994, teachers were not "actively employed" as of that date, Therefore, she reasons, any distinction between members of the bargaining unit who were actively employed and others who were not actively employed is meaningless. Similarly, she suggests that Identification of those actively employed throughout the entire fiscal year of 1992-93 Is meaningless, since various vacations, Including summer vacations, were Included In that fiscal year, and no bargaining unit member actually taught 365 days of that fiscal year, She suggests that If a bargaining unit member does not teach each day of the fiscal year, that member cannot be considered "actively employed" throughout the entire fiscal year. By taking this strained Interpretation of 'actlvely employed" the Arbitrator makes the clauses In question appear nonsensical, which gives her the rational to reject them and to substitute for them clauses which she deems to be equitable. Her analysis, however, fundamentally misinterprets the reasonable meaning of "actively employed" under the terms of the contract, The term of the contract, from August 16, 1992, to August 15, 1998, Is a period of six years, The contract defines the work year as 185 6 .:J_...brf I""'"; f"'" days and the work days being seven and one-half hours. It also makes many references to members of the unit as employees on leaves of one kind or another. In no place and In no manner does the contract suggest that one Is considered an employee of the District only when engaged In teaching, The professional employees who are members of the bargaining unit remain actively employed with the District throughout the term of the contract, unless they leave the District, resign, die, or go on some type of unpaid leave. It should be noted that during various vacations, Including summer vacations, union members may continue to be paid their regular income, and certainly continue to receive the fringe benefits provided under the collective bargaining Agreement with the District, such as medical Insurance and pension benefits. What members of the bargaining unit then fall under the category of not being actively employed? While "actively employed" Is not explicitly defined by the contract, the terms of Article IV, Section B1, make clear that those on unpaid leave of absence are not "active members of the unIt". That provision provides that "employees on unpaId leaves of absence may contInue the frInge benefits enjoyed by active members wIth the unit by paying the costs of such benefits to the employer, quarterly and In advance". Black's Law Dictionary also defines "leave of absence" as "temporary absence from duty with Intention to return during which time remuneration Is suspended". It should be made clear that those employees Identified as not being "actively employed" during the applicable time periods to this Agreement do not Include all employees that are on leave, Those on leaves earned throu.gh service such as sick leave or sabbatical leave to be "actively employed" as they are paid while on leave. Those on unpaid 7 IIJ....brt t"\ ,..... leaves, child rearing or granted by the school board for personal reasons, are unearned leaves, without payor benefits. Thus examined, it Is clear that there Is a reasonable and rational dIstinction between the broad category of those "actively employed" under the coilectlve bargaining Agreement, and those on uncompensated leave, It Is equally clear that the professIonal employees who are members of the bargaining unit remain "actively employed' during periods of the collective bargaining Agreement, which are outside of the classroom, Including summer vacation, Christmas vacation, weekends and evenings. The distinction between those "actIvely employed' and those not "actively employed" being reasonable and rational under the contract, the Arbitrator Is not Justified In simply rejecting the contract terms and substituting her own, As previously mentioned, the contract, In no place, suggests the use of the words renderIng servIce for actIvely employed, On the contrary, as It has In prior successive contracts, this contract clearly distinguishes between actIve and InactIve employees, It definitively describes those on unpaid leave of absence as distinct and separate from actIve members of the unit. 1 Had the arbitrator used the distinction contained In the contract, it would be clear that, as most were not on unpaid leaves of absence, most would be entitled to receive the bonus. She would not have found It difficult to believe that anyone would be entitled to receive it. , exhibit A, page 20, para, 1. 8 /).3 , .'J....bd ,,,,",, t"". The Arbitrator has declared the contract provisions to be meaningless because (1) she Incorrectly subsmuted the words "rendering services" for "actively employed". Had she used the distinction contained In the contract, she would have said every employee except those on unpaid leaves of absence (such as child caring leave, medical leave In excess of sick leave or personal leave for a variety of reasons other than those specifically mentioned In the contract) are entitled to receive a bonus. Her words would have no one eamlng a bonus, a manifestly unreasonable Interpretation. Had she also understood that in the school system one employed continues that employment unless specific steps are taken by the employee or the employer to end the relationship. She should have, at least, understood that this contract was for six years beginning as of August 16, 1992, and extending to August 15, 1998. During that time they are and remain employees although the number of hours and days of actually rendering services Is much limited. They are as much employees as anyone who enjoys vacation time for any other employer. The District's Interpretation complies with the rules of contractual Interpretation. It renders all of its terms meaningful, effect Is given to all the contract In Its entirety is given meaning, No Inconsistency exists and the arbitrators brand of Justice Is exposed for its failure to draw its essence from the contract. The arbitrator's definition of employee or employed failed to draw its essence from the contract, It strikes from the contract every word of qualification as to who Is entitled to 9 .rJ....b~t ~ ,...., CARLISLE AREA SCHOOL DISTRICT, Petitioner. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO, 95 - 869 CIVIL TERM vs. CARUSLE AREA EDUCATION ASSOCIATION. Respondent. AND NOW, this day of 1995, I, JAMES D. FLOWER. Esquire, of the law firm of FLOWER. MORGENTHAL, FLOWER & UNDSAY, Attorneys, hereby certify that I served the within Petitioner's Brief this day by depositing same In the United States Mail, First Class. Postage Prepaid. /n Carlfsle, Pennsylvania, addressed to: J. Paul Helvy. Esquire 218 Pine Street Harrisburg. PA 17101 FLOWER, MORGENTHAL, FLOWER & UNDSAY Attorneys for Plaintiff B/ Llw-v, \ James D. Flower. Esquire 11 East High Street CarI/sle. PA 17013 (717) 243-5513 1.0. # 06272 11