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State System of Higher Education v. Association of Pennsylvania State College & University Faculties

Determination that CBA between employer and union covered non-faculty athletic trainers vacated and remanded to determine if there is a substantial difference between faculty and non-faculty status.

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Argued: October 10, 2001

The State System of Higher Education (Employer) appeals from a decision of an arbitrator (Arbitrator) determining that the Collective Bargaining Agreement (CBA) between Employer and Association of Pennsylvania State College & University Faculties (Union) covers 12 non-faculty athletic trainers *fn1 added to the bargaining unit, and that the terms and conditions for the 30 athletic trainers already performing the same work as the newly added non-faculty trainers in the CBA apply to the 12 non-faculty trainers.

The Union represents faculty members of the Employer in a bargaining unit of professional employees, including athletic trainers. While most of the athletic trainers have historically been considered faculty members, there were a group of 12 to 15 trainers who were not faculty members, were not considered part of the bargaining unit, and were classified as non-union. In 1997, both the Union and the State College & University Professional Association (SCUPA) filed unit clarification petitions seeking to include those non-faculty trainers in their bargaining units of professional employees. On October 19, 1999, the Pennsylvania Labor Relations Board (PLRB) issued a Final Order finding that the Union shared a community of interest with the non-faculty athletic trainers, and that its certification would be “amended to include athletic trainers, with and without faculty status.”

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