Argued: May 7, 2001
This matter is before us on remand from the Pennsylvania Supreme Court for reconsideration in light of its decision in State System of Higher Education (Cheney University) v. State College University Professional Association (PSEA-NEA), 560 Pa. 135, 743 A.2d 405 (1999). Based in large part on our decision in Crawford County v. AFSCME District Council, 693 A.2d 1385 (Pa. Cmwlth.), petition for allowance of appeal denied, 550 Pa. 693, 704 A.2d 1383 (1997), we originally held that once the grievant was found to have committed the acts charged, it was manifestly unreasonable for the arbitrator to have modified the discipline and that such modification did not draw its essence from the CBA. Greene County v. District 2, United Mine Workers of America, 736 A.2d 52 (Pa. Cmwlth. 1999), vacated and remanded, 563 Pa. 479, 761 A.2d 1180 (2000).
In December 1997, Greene County Children and Youth Services (CYS) discharged caseworker Christopher McKenzie after suspending him on charges of failure to maintain case files in a current and organized manner, one instance of failure to report to work or use call-off procedures, failure to follow instructions and disregard for supervisory authority, failure to respond to emergency intake and follow correct procedures, and repeated failure to complete required paperwork within 60 days. CYS produced memos documenting incomplete case files in 1995 and 1996, and for 1996, a warning for misuse of sick time, reprimand for exceeding the statutory time limit for investigating child abuse, memo for files out of compliance leading to a December 1996 suspension for failure to complete work in a timely fashion, negligence, and lack of job performance in chronological order. A March 1997 memo acknowledged McKenzie’s having updated his files, but the files were again delinquent by May 1997. By July 1997, McKenzie received a memo about nine files that were out of compliance and two cases for which there were no files. An August 1997 charge of striking a child warranted a suspension, which was later converted to a warning.
