WESTMORELAND v. WESTMORELAND INTERMEDIATE


939 A.2d 855 (2007)

WESTMORELAND INTERMEDIATE UNIT # 7, Appellee, v. WESTMORELAND INTERMEDIATE UNIT # 7 CLASSROOM ASSISTANTS EDUCATIONAL SUPPORT PERSONNEL ASSOCIATION, PSEA/NEA, Appellant.

Supreme Court of Pennsylvania.

Decided December 27, 2007.


Attorney(s) appearing for the Case

Richard Scott McEwen, Esq., for Westmoreland IU #7 Classroom Assistants Educational Support Personnel Association.

Michelle F. Duggan, Esq., Thomas W. Scott, PA State Education Association (PSEA), for Pennsylvania State Education Association.

John M. Ranker, Esq., for Westmoreland Intermediate Unit #7.

Emily J. Leader, Esq., Pennsylvania School Boards Assn., Harrisburg, for amicus curiae Pennsylvania School Boards Association.

BEFORE: CAPPY, C.J., and CASTILLE, NEWMAN, SAYLOR, EAKIN, BAER and BALDWIN, JJ.


OPINION

Chief Justice CAPPY.

In this appeal by allowance, we review whether the Commonwealth Court properly applied the standard of review applicable to review of a grievance arbitrator's award rendered under the Public Employe Relation Act, 43 P.S. § 1101 et seq. ("PERA"). For the reasons that follow, we reaffirm the essence test as the proper standard to be employed by a court when reviewing a grievance arbitration award; adopt a public policy...

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