Facts of the case:

Judith Symons was employed by the Schuylkill County Vocational School I.U. # 29 until she was laid off in August of 2000 for reasons given by the employer as an insufficient student enrollment and economic reasons. Grievances were filed on the behalf of Symons and three other furloughed employees, and on May 2, 2002 the grievance was denied stating “the employer did not violate the collective bargaining agreement or school code when it furloughed/suspended the three grievants because of insufficient enrollment.” (Pg. 3) In 2004 Symons filed an appeal asking for a clarification of the decision made in 2002.

Decision:

The Commonwealth Court upheld the decision of the Court of Common Pleas of Schuylkill County that Symons did not appeal the clarification of the award from 2002 within a timely manner.

Basis for the decision:

In this case Symons failed to appeal the clarification of the 2002 award within a time period established in the Uniform Arbitration act. The act states that “the application must be made within ten days after delivery of the award” (Pg. 5); also, when seeking a judicial review “it must be sought within 30 days of delivery if the award to the applicant.” (Pg. 5) Application to the arbitrator was made four months after the 2002 award and the application to the trial court was made two years after the award as well. Based on this information the Commonwealth Court affirmed the decision made by the Court of Common Pleas of Schuylkill County.

Prepared by Tara Smith, Summer 2006