Davis v. Chester Upland School District

The summary of argument presented in Appellees’ brief proceeds as follows:

Whether a party subject to a collective bargaining agreement is required to utilize the grievance procedure of the collective bargaining agreement to litigate a work related issue depends upon whether the party is seeking to vindicate contractual or statutory rights.

The mandatory arbitration provisions of Section 903 of the Public Employes Relations Act, (“PERA”) apply only to “disputes or grievances arising out of the interpretation of the provisions of a collective bargaining agreement.” The claim in this case does…