Facts of the Case

William Bewley was granted an Instructional I Certificate by the Department of Education in February 1993. In the 1997-1998 school year, Mr. Bewley began his formal teaching career with his employment in the Wattsburg Area School District. Mr. Bewley was formally reminded by the school district’s superintendent in August 2001 that he needed to obtain his Instructional II Certificate by January 16, 2003 to remain employed. Mr. Bewley completed all of his courses and was waiting for his final grade as of January 10, 2003. Bewley petitioned the School District Superintendent for a leave of absence while he was waiting for his final grade and was denied his request. The school district suspended Bewley without pay pending a dismissal hearing for his failure to obtain an Instructional II certificate. After the suspension, the association representative informed the school district that the association would file a grievance and seek arbitration. The school district held a dismissal hearing which Bewley did not attend in which it sustained the suspension and dismissed Bewley. The association filed a grievance challenging the denial of Bewley’s request for a leave of absence and the disciplinary action. The school district participated in the arbitration but claimed that the grievance was not arbitrable under the collective bargaining agreement. The arbitrator found no just cause to dismiss Bewley but found that there was just cause to remove him from the classroom without pay “pending his compliance with all technical requirements for an Instructional II certificate,” (p.4). The school district filed a petition with the court of common pleas contending that Bewley’s dismissal was not arbitrable and that the award did not “draw its essence” from the collective bargaining agreement. The court of common pleas determined that Bewley had an option of proceeding with a school board hearing or using grievance and arbitration procedures under teacher tenure law referred to in the collective bargaining agreement and that the arbitrator’s award drew its essence from the collective bargaining agreement. The school district appealed claiming that the collective bargaining agreement excluded dismissals of professional employees subject to the teacher tenure law.

Decision of the Commonwealth Court

On June 16, 2005 the Pennsylvania Commonwealth Court affirmed the arbitrator’s decision overturning the dismissal and suspending William Bewley without pay for one academic year. The Court felt this suspension was in accordance with the current collective bargaining agreement in the Wattsburg Area School District.

Basis for the Decision

The Pennsylvania Commonwealth Court used Article 5, Section 1 of the Wattsburg Area School District’s Collective Bargaining Agreement to confirm that the arbitrator’s decision was made in compliance. The Court referenced judicial review of an arbitration award under the Public Employee Relations Act of July 23, 1970, P.L. 563, as amended, 43 P.S. §§1101.101 – 101.2301 as governed by the “essence test” adopted in Community College of Beaver County v. Community College of Beave County, Soc’y of the Faculty (PSEA/NEA), 473 Pa. 576, 375 A.2d 1267 (1977). In addition, the arbitrator has the sole decision to determine arbitrability based on the Public School Code of 1949 (School Code), Act of March 10, 1949, P.L.30, as amended, 24 P.S. §§11-1121 – 11-1133. Furthermore, the right to an arbitration arising out of the interpretation of a Collective Bargaining Agreement is supported by Section 903 of PERA, 43 P.S. §1101.903.

Jessica Lepley, Summer 2006