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Westmoreland Intermediate Unit #7 v. Westmoreland Intermediate Unit #7 Classroom Assistants Educational Support Personnel Association6/22/2005
Westmoreland Intermediate Unit #7 Classroom Assistants Educational Support Personnel Association, PSEA/NEA (Association) appeals from an order of the Court of Common Pleas of Westmoreland County (common pleas court) that granted Westmoreland Intermediate Unit #7's (Intermediate Unit) petition to vacate arbitration award and reinstated the termination of Sherie Vrable (Grievant).
Grievant was employed by the Intermediate Unit as a classroom assistant from October 28, 1978, until her termination on March 21, 2001, for "immorality." Grievant filed a grievance and alleged that the Intermediate Unit violated the just cause provision of the collective bargaining agreement (CBA).
The Arbitrator recounted the following testimony :
Ms. [Cynthia] Pierce testified that on the morning of March 18, 2002, the Grievant complained to her when she arrived at school that she was not feeling well. The Grievant repeated this complaint to Ms. Pierce when they returned to the classroom with the students after breakfast. . . . The Grievant advised Ms. Pierce that she was going to call a substitute to come in for her for the rest of the day. Ms. Pierce told the Grievant that this was fine, but asked the Grievant to let her know what arrangements she made before leaving. The Grievant advised Ms. Pierce that she . . . would call for a substitute . . . .
At about 10:30 or 10:45 a.m., Ms. Pierce realized that the Grievant had not returned. So Ms. Pierce sent a student with a note to the copy room and the nurse's office to find the Grievant. The student returned and advised Ms. Pierce that she could not find the Grievant as she was not in the copy room or the nurse's office . . . .
Ms. [Denise] Fischer testified that the Grievant walked into her classroom sometime between 10:00 and 11:00 a.m. on March 18, 2002, offered to do some tracing, and left with the materials to do so . . . .
About 15 to 20 minutes later, School District Aide Patty Beraducci entered Ms. Fischer's room and asked Fischer if all the IU staff was accounted for. Ms. Beraducci explained that an unidentified individual had been in the restroom for a long period of time. Ms. Fischer then left her classroom and went to the door of the restroom, knocked on the door, and called out for the Grievant by her first name. Accordingly to Ms. Fischer, upon calling her name, the Grievant let out a moan. Ms. Fischer asked the Grievant to open the door . . . . When the Grievant failed to further respond, Ms. Fischer advised Ms.
Beraducci to contact Principal Joyce Speck and to call 911.
. . . Ms. Pierce and Principal Speck then returned to the restroom and continued to try to talk to the Grievant. Principal Speck also instructed another employee to have Linda Fedro, a member of the school's crisis team, brought down to the restroom. When Ms. Fedro arrived, she too tried to communicate with the Grievant to no avail.
Also, during this time period, Principal Speck placed the school under "Code Blue", a security code under which the school is essentially locked down . . . .
In response to the 911 call, Officer Robert Wilson of the West Newton Police department arrived at the school at about 11:31 a.m. . . . .
When he arrived at the restroom, Officer Wilson was unable to gain entry . . . .
Officer Wilson stated that he was continually pounding on the restroom door and yelling to the Grievant. However, Officer Wilson stated the crying was diminishing and became slower, causing him to fear for the worst (i.e. a suicide) . . . . Once the door was opened, the Grievant was found unconscious . . . seated on the toilet and leanin
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