Delaware County v. Delaware County Prison Employees Independent Union

While I concur in the result reached by the majority, I am compelled to write separately to emphasize my disagreement with the rationale utilized in reaching that result.

In summary, the majority, by substituting its own interpretation of the collective bargaining agreement for that of the arbitrator, has ignored the jurisprudence of this court by departing from our established and extremely limited standard of review, i.e. the “essence” test. Simply stated, the majority’s conclusion that the arbitrator’s award cannot in “any rational way” be derived from the collective bargaining agreement is…