# Union City Area School District v. Union City Area Education Ass'n, PSEA/NEA

> Commonwealth Court of Pennsylvania · June 4, 2008 · 951 A.2d 416

URL: https://www.frixlaw.com/law-library/cases/9635801

## Case

- **Full name:** UNION CITY AREA SCHOOL DISTRICT v. UNION CITY AREA EDUCATION ASSOCIATION, PSEA/NEA, Appellant
- **Court:** Commonwealth Court of Pennsylvania
- **Decided:** June 4, 2008
- **Citations:** 951 A.2d 416; 2008 Pa. Commw. LEXIS 253
- **Precedential status:** Published
- **Opinion:** Concurrence by Cohn Jubelirer
- **Judges:** Friedman, Jubelirer, Colins
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9635801

## Opinion text

CONCURRING OPINION BY
Judge COHN JUBELIRER.
I reluctantly concur with Senior Judge Colins’ well-reasoned opinion. I write separately, however, to express my concern over the difficulties school districts face when confronted with problems such as the one exhibited in this case.
I believe our precedent severely impedes the ability of school districts to ensure the welfare and safety of their students. Although there is, or should be, a strong public policy in favor of the proper supervision and education of the children of the Commonwealth, it appears, in this case, not to have been shown to be sufficiently “well-defined, dominant and ascertain[able] by reference to ... laws and legal precedents and not from general considerations of supposed public interests,” as required by the Supreme Court’s decision in Westmoreland Intermediate Unit #7 v. Westmoreland Intermediate Unit # 7 Classroom Assistants Educational Support Personnel Association, 595 Pa. 648, 662 , 939 A.2d 855, 866 (2007). The Supreme Court, in Westmoreland, set a high and exacting standard to show a public policy that can provide an exception to the essence test. In this case, however, the District did not articulate a policy sufficient to meet the requirements set out in Westmoreland. It is possible that, under the facts of this ease, it would have been impossible to do so. However, because such a policy was not sufficiently shown, I am compelled to concur with the majority.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9635801. Public record. Not legal advice.