WESTMORELAND INTERMED. v. CLASSROOM ASSTS.

No. 1746 C.D. 2008

977 A.2d 1205 (2009)

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

Commonwealth Court of Pennsylvania.

Decided July 8, 2009.


Attorney(s) appearing for the Case

John M. Ranker, Greensburg, for appellant.

Richard S. McEwen, Edinboro, for appellee.

BEFORE: McGINLEY, Judge, and SMITH-RIBNER, Judge, and FRIEDMAN, Senior Judge.


OPINION BY Judge McGINLEY.

The Supreme Court remanded this case to the Court of Common Pleas of Westmoreland County (trial court) to apply the newly recognized "public policy" exception to the essence test. On remand, the trial court upheld the grievance arbitration award which reinstated Sherie Vrable (Grievant) without backpay or benefits after she had been terminated for wearing a Fentanyl patch to Westmoreland Intermediate...

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