Opinion

Leechburg Area School District v. Dale

  • 492 Pa. 515
  • 424 A.2d 1309
  • 109 L.R.R.M. (BNA) 2105
  • 1981 Pa. LEXIS 689
Court
Supreme Court of Pennsylvania
Filed
Feb 4, 1981
Status
Published
Author
Roberts
On the bench
O'Brien, Roberts, Nix, Larsen, Flaherty, Kauffman
Cited by
125 cases
Authority
More cited than 7.4%

holding that a court’s inquiry ends once it has determined that the terms of the collective bargaining agreement encompass the subject matter of the dispute

How later courts described this case

  • holding that a court’s inquiry ends once it has determined that the terms of the collective bargaining agreement encompass the subject matter of the dispute

Written by the judges who cited it.

The opinion

ROBERTS, Justice,

concurring.

I concur in the result because it is consistent with the principles set forth in Community College of Beaver County v. Community College of Beaver County, Society of the *522 Faculty (PSEA/NEA), 473 Pa. 576 , 375 A.2d 1267 (1977) and City of Washington v. Police Department, 436 Pa. 168 , 259 A.2d 437 (1969). Where the arbitrator addresses the question presented by the parties, and his award draws its "essence,” that is, can be rationally derived, from the collective bargaining agreement, a court may not substitute its view for that of the arbitrator. See Port Authority of Allegheny County v. Amalgamated Transit Union, Division 85, 492 Pa. 494, at 499 , 424 A.2d 1299 (1981) (concurring opinion of Roberts, J.). Here, the arbitrator addressed the issue presentéd, the amount of salary which should have been paid to appellant-teachers when rehired as substitutes, and his determination is rationally derived from the agreement and may not be disturbed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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