Prince George's County Educators' Ass'n, Inc. v. Board of Educ. of Prince George's County, No. 379
| Court | Court of Special Appeals of Maryland |
| Writing for the Court | Argued before WEANT and GETTY, JJ., and JAMES C. MORTON, Jr.; GETTY |
| Citation | 61 Md.App. 249,486 A.2d 228 |
| Docket Number | No. 379 |
| Decision Date | 01 September 1984 |
| Parties | , 22 Ed. Law Rep. 211 PRINCE GEORGE'S COUNTY EDUCATORS' ASSOCIATION, INC. v. BOARD OF EDUCATION OF PRINCE GEORGE'S COUNTY. , |
Page 249
v.
BOARD OF EDUCATION OF PRINCE GEORGE'S COUNTY.
[486 A.2d 229]
Page 250
Susan W. Russell, Baltimore (Walter S. Levin and Weinberg & Green, Baltimore, on brief), for appellant.Sheldon L. Gnatt, Greenbelt (Paul M. Nussbaum and Reichelt, Nussbaum & Brown, Greenbelt, on brief), for appellee.
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Argued before WEANT and GETTY, JJ., and JAMES C. MORTON, Jr., Associate Judge of the Court of Special Appeal (retired), specially assigned.
GETTY, Judge.
The single issue presented in this appeal is whether the circuit court was correct in refusing to vacate an arbitration award. Appellant, Prince George's County Educator's Association, Inc. (PGCEA) brought this action in the Circuit Court for Prince George's County seeking to vacate an arbitration award denying a grievance filed by PGCEA against appellee Board of Education[486 A.2d 230] of Prince George's County (Board of Education). The court granted a motion for summary judgment in favor of the Board of Education and against PGCEA. We hold that the arbitrator's decision was completely irrational and must be vacated. We, therefore, reverse the decision of the circuit court.
PGCEA is the exclusive bargaining representative for Prince George's County teachers. PGCEA and the Board of Education were parties to a collective bargaining agreement which established wages, hours, and working conditions for all certified professional employees of the Board of Education. The agreement also included a provision for settling disputes by arbitration.
Sometime in 1982 a dispute arose between PGCEA and the Board of Education concerning the pay rate for driver education instructors. Prior to the 1979-80 school year, it was mandatory for county high schools to offer driver education. In Prince George's County, the Board of Education structured its driver education program so that students could take driver education at three different times: during the regular school day, after school during the regular school year, and during the summer. The pay rate for driver education teachers was the same as for other teachers. For regular school day instruction, all teachers were paid according to a Teacher's Salary Scale which was negotiated under the collective bargaining agreement. For
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after school and summer instruction they were paid at a rate of 1/1500 of their regular salary for each hour they worked.In 1979 the Maryland General Assembly amended Md.Educ.Code Ann. § 7-412(a) to no longer require that each county board of education offer instruction in driver education. Pursuant to this amendment the Prince George's County Board of Education adopted a resolution canceling its regular school day driver education program for the following school year. The replacement driver education program was to be offered only at times of the day or during the school year when school was not in session. The program was to be funded from tuition charged to the students and monies received through the Driver Education Account of the Transportation Trust Fund pursuant to Md.Transp.Code Ann. § 16-508(b). At the same time the Board of Education modified its driver education program, it established a pay rate for driver education teachers which was significantly less than the 1/1500 of their regular salary it had previously paid for such instruction. Under the new program, driver education teachers were to be paid $12.50 per hour for classroom instruction time and $8.50 per hour for simulation and on-the-road instruction time.
Several driver education teachers, believing that the unilateral reduction in their pay violated the existing collective bargaining agreement, filed a timely grievance against the Board of Education. The grievance was eventually moved to arbitration by the PGCEA, and arbitration hearings were held on October 21, 1982, December 2, 1982 and January 11, 1983.
In his written arbitration award, the arbitrator found that the Driver Education School was a separate entity from the Board of Education and that, as a successor employer, the Driver Education School was not bound by the terms and conditions established in the collective bargaining agreement between PGCEA and the Board of Education. See NLRB v. Burns International Security Services, Inc., 406 U.S. 272, 92 S.Ct. 1571, 32 L.Ed.2d 61 (1972). Having thus
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held that the collective bargaining agreement was not applicable to driver education teachers, the arbitrator denied PGCEA's grievance. The PGCEA filed a timely petition to vacate the arbitration award in the Circuit Court for Prince George's County. The court, finding that the arbitrator's decision was...To continue reading
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Board of Educ. of Prince George's County v. Prince George's County Educators' Ass'n, Inc., No. 55
...the Court of Special Appeals reversed, deciding that the award should have been vacated. P.G. Co. Educators' Ass'n v. Bd. of Educ., 61 Md.App. 249, 486 A.2d 228 (1985). Like the parties and the circuit court, the Court of Special Appeals took the position that § 3-224(b) of the Maryland Uni......
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Hetrick v. Weimer, No. 1090
...arbitrary result, as proscribed in Prince George's County Educators' Association, Inc. v. Board of Education of Prince George's County, 61 Md.App. 249, 486 A.2d 228, cert. granted, 303 Md. 114, 492 A.2d 616 II. Motion for Directed Verdict Appellants next contend that the court below erred i......
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Northeast Financial Corp. v. INA, Civ. A. No. 86-89-LON.
...irrationality arbitrators may fashion the law to fit the facts before them); Prince George's Co. Educators' Ass'n v. Bd. of Educ., 61 Md.App. 249, 486 A.2d 228, 231 (1985) (the complete irrationality standard of review reflects the common law preference for settling disputes). The Court bel......
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Warwick Corp. v. Department of Transp., No. 322
...by Art. 21, § 601. 7 Rights of Review Authorized by Law Although there is no specific statutory authorization for a hearing before the [486 A.2d 228] MDOT when a person or corporation is denied certification as an MBE, the judicial review provision of the APA is still In Murray v. Departmen......
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Board of Educ. of Prince George's County v. Prince George's County Educators' Ass'n, Inc., No. 55
...the Court of Special Appeals reversed, deciding that the award should have been vacated. P.G. Co. Educators' Ass'n v. Bd. of Educ., 61 Md.App. 249, 486 A.2d 228 (1985). Like the parties and the circuit court, the Court of Special Appeals took the position that § 3-224(b) of the Maryland Uni......
-
Hetrick v. Weimer, No. 1090
...arbitrary result, as proscribed in Prince George's County Educators' Association, Inc. v. Board of Education of Prince George's County, 61 Md.App. 249, 486 A.2d 228, cert. granted, 303 Md. 114, 492 A.2d 616 II. Motion for Directed Verdict Appellants next contend that the court below erred i......
-
Northeast Financial Corp. v. INA, Civ. A. No. 86-89-LON.
...irrationality arbitrators may fashion the law to fit the facts before them); Prince George's Co. Educators' Ass'n v. Bd. of Educ., 61 Md.App. 249, 486 A.2d 228, 231 (1985) (the complete irrationality standard of review reflects the common law preference for settling disputes). The Court bel......
-
Warwick Corp. v. Department of Transp., No. 322
...by Art. 21, § 601. 7 Rights of Review Authorized by Law Although there is no specific statutory authorization for a hearing before the [486 A.2d 228] MDOT when a person or corporation is denied certification as an MBE, the judicial review provision of the APA is still In Murray v. Departmen......