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County of Allegheny v. Allegheny County Prison Employees Independent Union

381 A.2d 849, 476 Pa. 27 (1977)

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County of Allegheny v. Allegheny County Prison Employees Independent Union

Pennsylvania Supreme Court
381 A.2d 849, 476 Pa. 27 (1977)

  • Written by Mike Begovic, JD

Facts

The Allegheny County Prison Employees Independent Union (the union) (plaintiff) entered into a collective-bargaining agreement (CBA) with the county of Allegheny (the county) (defendant). The union filed a complaint with two grievances: (1) that the officers’ lounge where the guards took their meals be supervised at mealtime by a guard; and (2) that the officers be able to choose a lunchtime meal from anything the kitchen offered and not be limited to the menu for that particular day. The CBA did not address either issue, and it contained an integration clause, stating that the agreement, as written, was the full agreement of the parties. An arbitrator determined that the issue was arbitrable because it related to interpretation of the CBA, and the arbitrator issued an award that granted the union both of its demands. The arbitrator relied in part on the fact that the union’s demands constituted a past practice of the parties and concluded that the parties could not have included terms covering every past lunchtime practice. On appeal, the commonwealth court set aside the arbitrator’s award. The union appealed.

Rule of Law

Issue

Holding and Reasoning (Pomeroy, J.)

Dissent (Roberts, J.)

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