Standing to Initiate a Grievance Regarding Retirement Benefits
In Danville Area School District v. Danville Area Education Association, PSEA/NEA, 562 Pa. 238, 754 A.2d 1255 (2000), the Supreme Court reversed the court and further determined that the arbitrator was correct in opining that Mrs. Walter, a retiree, did have standing to grieve the determination of her retirement benefits. the Supreme Court stated in pertinent part as follows:
Her arbitrator indicated that the agreement did not limit the grievance process to "employees" but permitted "persons" to initiate a grievance.
Furthermore, the agreement specifically addressed retirement benefits and made reference to "retirees" in Article XVIII(c) of the agreement.
Thus, the arbitrator concluded that Mrs. Walter had standing to file a grievance.
Applying the essence test, the arbitrator addressed an issue within the terms of the agreement and resolved the issue by applying the terms of the agreement.
Clearly, the arbitrator's determination was rationally derived from the agreement. Id. at 252-253, 754 A.2d at 1262.