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

Justia Dockets & Filings Third Circuit Pennsylvania Middle District SEIU Healthcare Pennsylvania, CTW, CLC v. Regional Hospital of Scranton

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

Plaintiff:	SEIU Healthcare Pennsylvania, CTW, CLC
Defendant:	Regional Hospital of Scranton
Case Number:	3:2013cv02669
Filed:	October 29, 2013
Court:	US District Court for the Middle District of Pennsylvania
Office:	Scranton Office
County:	Lackawanna
Presiding Judge:	Robert D. Mariani
Nature of Suit:	Labor/Management Relations
Cause of Action:	29 U.S.C. § 185
Jury Demanded By:	None

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Date Filed	Document Text
May 15, 2015	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)
January 12, 2015	Filing 22 MEMORANDUM OPINION - Accordingly, the Court will grant, in part, the Union's Motion For Judgment on the Pleadings and will order the parties to file cross-motions for summary judgment with respect to the Hospital's claim that reinstatement of the Grievant would violate or be contrary to Pennsylvania public policy. Aseparate Order follows.Signed by Honorable Robert D. Mariani on 1/12/15. (jfg)

Date Filed

Document Text

May 15, 2015

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)

January 12, 2015

Filing 22 MEMORANDUM OPINION - Accordingly, the Court will grant, in part, the Union's Motion For Judgment on the Pleadings and will order the parties to file cross-motions for summary judgment with respect to the Hospital's claim that reinstatement of the Grievant would violate or be contrary to Pennsylvania public policy. Aseparate Order follows.Signed by Honorable Robert D. Mariani on 1/12/15. (jfg)

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Plaintiff: SEIU Healthcare Pennsylvania, CTW, CLC
Represented By:	John R. Bielski
Represented By:	Bruce M. Ludwig
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Defendant: Regional Hospital of Scranton
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