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SCHOOL DIST. v. ERIE EDUC. ASS'N

873 A.2d 73 (2005)

SCHOOL DISTRICT OF THE CITY OF ERIE, Pennsylvania v. ERIE EDUCATION ASSOCIATION, PSEA/NEA, Appellant.

Commonwealth Court of Pennsylvania.

Decided April 28, 2005.

Attorney(s) appearing for the Case

John Paul Jones, Edinboro, for appellant, PSEA/NEA.

Richard W. Perhacs, Erie, for appellee, School District of the City of Erie.

Richard S. McEwen, State College, for amicus curiae, Pennsylvania State Education Association.

BEFORE: COLINS, President Judge, PELLEGRINI, Judge, FRIEDMAN, Judge, LEADBETTER, Judge, and LEAVITT, Judge.

OPINION BY Judge LEAVITT.

The Erie Education Association, PSEA/NEA (Association) appeals from an order of the Court of Common Pleas of Erie County (trial court) that vacated an arbitrator's award entered in favor of the Association. The trial court found that the arbitrator improperly ordered the School District of the City of Erie (District) to (1) reinstate a physical education teacher position it had eliminated and (2)...

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