SEIU Healthcare Pennsylvania, CTW, CLC v. Regional Hospital of Scranton

Filing 34

ORDER 1. The motion for summary judgment of Plaintiff, SEIU, is GRANTED and the motion for summary judgment of Defendant, Regional Hospital, is DENIED.2. The Buchheit Arbitration Award (Doc. 24-3) which directs that the Regional Hospital shall reinst ate the Grievant to her former position with full-seniority is ENFORCED. 3. With respect to Plaintiffs request for back-pay, the question of whether the Grievant is owed back pay from an as yet unascertained date when, but for the Hospital's fai lure to reinstate her, she would have returned to work, is REMANDED to ArbitratorBuchheit for adetermination. The Award reinstating Roberta Robbins is valid and not open to review or revisitation on remand to the Arbitrator. 4. The Court holds the Un ion's request for pre-judgment interest in abeyance pending the decision of Arbitrator Buchheit on remand. The parties are directed to present the issue of pre-judgment interest to the Court within 14 days after the issuance of Arbitrator's Buchheit's award on remand. 5. A ruling on the Plaintiffs Motion for Attorney's Fees is DEFERRED until Arbitrator Buchheit, on remand, issues a final award on the limited issue of the Grievant's entitlement to back pay. Signed by Honorable Robert D. Mariani on 5/15/15. (jfg)

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

SEIU HEALTHCARE PENNSYLVANIA,
CTW, CLC,
Plaintiff

3: 13·CV·02669
(JUDGE MARIANI)

v.
REGIONAL HOSPITAL
OF SCRANTON,
Defendant

ORDER
AND NOW THIS 15TH DAY OF MAY, 2015, upon consideration of the motions for
summary judgment of Plaintiff, SEIU Healthcare Pennsylvania CTW, CLC (Doc. 24) and of
Defendant, Regional Hospital of Scranton (Doc.25) and all accompanying briefs, IT IS

HEREBY ORDERED THAT:
1. The motion for summary judgment of Plaintiff, SEIU, is GRANTED and the motion for
summary judgment of Defendant, Regional Hospital, is DENIED.
2. The Buchheit Arbitration Award (Doc. 24-3) which directs that the Regional Hospital
shall reinstate the Grievant to her former position with full-seniority is ENFORCED.
3. With respect to Plaintiffs request for back-pay, the question of whether the Grievant
is owed back pay from an as yet unascertained date when, but for the Hospital's
failure to reinstate her, she would have returned to work, is REMANDED to Arbitrator

Buchheit for a determination. The Award reinstating Roberta Robbins is valid and not
open to review or revisitation on remand to the Arbitrator.
4. The Court holds the Union's request for pre-judgment interest in abeyance pending
the decision of Arbitrator Buchheit on remand. The parties are directed to present the
issue of pre-judgment interest to the Court within 14 days after the issuance of
Arbitrator's Buchheit's award on remand.
5. A ruling on the Plaintiffs Motion for Attorney's Fees is DEFERRED until Arbitrator
Buchheit, on remand, issues a final award on the limited issue of the Grievant's
entitlement to back pay.

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