Opinion

County of Berks v. International Brotherhood of Teamsters Local Union No. 429

  • 600 Pa. 128
  • 963 A.2d 1272
  • 2009 Pa. LEXIS 255
Court
Supreme Court of Pennsylvania
Filed
Feb 18, 2009
Status
Published
On the bench
Saylor, Eakin, Baer
Cited by
6 cases
Authority
More cited than 84.9%

The opinion

ORDER

PER CURIAM.

AND NOW, this 18th day of February 2009, the Petition for Allowance of Appeal is GRANTED. Because the finding of the arbitrator that Respondents failed to establish just cause for the suspension of the prison guards was rationally derived from the parties’ collective bargaining agreement, it was entitled to deference under the “Essence Test” as reaffirmed by our Court most recently in Westmoreland Intermediate v. Westmoreland (PSEA), 595 Pa. 648 , 939 A.2d 855 (2007). The order of the Commonwealth Court overturning the arbitrator’s award is hereby REVERSED. See Office of the Attorney General v. Council 13, AFSCME, 577 Pa. 257 , 844 A.2d 1217 (2004) (holding that where just cause is undefined by the terms of a collective bargaining agreement, in order to determine whether an employer had just cause to discipline an employee, an arbitrator may properly examine a variety of factors involving the nature of the existing employment rela *129 tionship and the particular circumstances surrounding the disciplinary action taken).

Justice SAYLOR files a Dissenting Statement joined by Justice EAKIN and Justice BAER.

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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