Opinion
Argued September 26, 1978
November 28, 1978.
Labor — Enforcement of award of arbitrator — Public Employe Relations Act, Act 1970, July 23, P.L. 563 — Unfair labor practice — Exclusive jurisdiction of Pennsylvania Labor Relations Board — Pa. R.A.P. 703 — Public policy.
1. Refusal to comply with the award of an arbitrator rendered pursuant to provisions of the Public Employe Relations Act, Act 1970, July 23, P.L. 563, constitutes an unfair labor practice over which the Pennsylvania Labor Relations Board has exclusive jurisdiction, and compliance with such award cannot be forced through an action in assumpsit in a court of common pleas. [602]
2. Pa. R.A.P. 703, governing the review of an award of arbitrators, is inapplicable to proceedings to enforce an award of arbitrators. [602]
3. Public policy considerations cannot be used to override a legislative mandate and deprive the Pennsylvania Labor Relations Board of the exclusive jurisdiction granted to it by statute. [603]
Argued September 26, 1978, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., ROGERS, BLATT, DiSALLE and MacPHAIL. Judges MENCER and CRAIG did not participate.
Appeal, No. 1090 C.D. 1977, from the Order of the Court of Common Pleas of Wayne County in case of Connie Wash, Wayne Skelton, Janet Merring, Patricia McConnell, Ann Bock, Helen Liptok, Mary Kelchow v. Western Wayne School District and Arthur Rigby, Andrew Barna, Joseph Davitt, Reva Lamberton, Ronald Barillo, Robert Tyler, Michael Yedinak, individually, No. 242 January Term, 1977.
Complaint in assumpsit in the Court of Common Pleas of Wayne County to enforce award of arbitrators. Defendants filed preliminary objections. Preliminary objections sustained. Complaint dismissed. RUTHERFORD, P.J. Plaintiffs appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed.
Peter J. O'Brien, with him W. Brian Golden, and O'Brien Miller, for appellants.
Lee C. Krause, with him Howell, Howell Krause, for appellees.
Appellants (Plaintiffs below), who are employees of Western Wayne School District sued the Appellees (Defendants below) in assumpsit to enforce an arbitrator's award made in Appellants' favor. The Appellees filed preliminary objections in the nature of a demurrer. The Honorable JAMES RUTHERFORD sustained the demurrer and dismissed the complaint. The instant appeal is from that order. We affirm.
This Court had previously denied Defendant's petition for review of the award by order entered June 25, 1976, to 174 Misc. Docket.
Section 1201(a)(8) of the Public Employe Relations Act (Act), Act of July 23, 1970, P.L. 563, as amended, 43 P. S. § 1101.1201, provides that the failure to comply with the provisions of an arbitrator's award deemed binding under Section 903 of the Act, 43 P. S. § 1101.903, is an unfair labor practice. Section 1301 of the Act, 43 P. S. § 1101.1301, gives the Pennsylvania Labor Relations Board exclusive jurisdiction with respect to unfair labor practices. Retail Clerks Union v. Commonwealth of Pennsylvania, 24 Pa. Commw. 450, 357 A.2d 244 (1976). It is clear to us, therefore, that the enforcement of the arbitrator's award in the instant case lies with the Pennsylvania Labor Relations Board and not with the Court of Common Pleas.
The initial award here was made pursuant to Section 903.
Appellants contend that this Court has jurisdiction in this matter by virtue of Pa. R.J.A. No. 2101. Initially, we note that Pa. R.J.A. No. 2101 was rescinded and replaced by Pa. R.A.P. 703, effective July 1, 1976. In any event, neither applies to the instant case because they relate solely to the review of an award by arbitrators. Here we are concerned with the enforcement of an award, an entirely different matter. For the same reason, Appellants' reliance upon Community College of Beaver County v. Community College Faculty, 17 Pa. Commw. 231, 331 A.2d 921 (1975), is also misplaced.
Finally, Appellants argue that, for reasons of public policy, we should enforce the arbitrator's award because the Appellees have been unduly delaying the enforcement of that award. While public policy considerations should never be ignored, neither can they compel a result which is contrary to a legislative mandate.
ORDER
AND NOW, this 28th day of November, 1978, the order of the Court of Common Pleas of the Twenty Second Judicial District, Wayne County Branch, entered May 19, 1977, is affirmed.