HomeMy WebLinkAbout98-2124 civilWEST SHORE EDUCATION : IN THE COURT OF COMMON PLEAS OF
ASSOCIATION / PSEA / NEA; : CUMBERLAND COUNTY, PENNSYLVANIA
and PAUL W. EURICH,
Plaintiffs
:
v. NO. 98-2124 CIVIL
:
WEST SHORE SCHOOL :
DISTRICT, :
Defendant
IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS
Before HOFFER, P.J., OLER, J. and GUIDO, J.
ORDER OF COURT
AND NOW, December 31, 1998, after oral argument held June 24, 1998 and
careful consideration of the parties' briefs, Defendant's Preliminary Objections are
granted. The litigants in the case at bar are parties to a collective bargaining
agreement that governs the terms and conditions of employment of all professional
employees of Defendant, West Shore School District. Pursuant to Article V of the
agreement, all grievances are to be settled in arbitration. At issue in this case is
a grievance involving continued access to health benefits for a dependent spouse
of a retiring teacher. This Court lacks jurisdiction to entertain this case at this time.
See Shumake v. Philadelphia Board of Education, 454 Pa. Super. 556, 686 A.2d
22 (1996). Defendant's Preliminary Objections are granted and the dispute shall
be submitted to arbitration.
By the Court,
J. Paul Helvy, Esquire
Killian & Gephart
218 Pine Street
P.O. Box 886
Harrisburg, PA 17108
For the Plaintiffs
Timothy J. Finkelston, Esquire
Finkelston Law Offices
300 Bridge Street
New Cumberland, PA 17070
For the Defendant