Pennsylvania State Corrections Officers Ass'n v. Commonwealth

CONCURRING AND DISSENTING OPINION BY

Senior Judge FRIEDMAN.

I agree with the majority that the workplace tobacco use provision of the interest arbitration award (Award) does not require that the Commonwealth of Pennsylvania (Commonwealth) violate section 701 of the Public Employe Relations Act (PERA).1 However, I disagree that: (1) the Pennsylvania State Corrections Officers Association (Association) waived its challenge to the Award’s increase in the retiree contribution rate for health care benefits;2 and (2) the Award’s failure to include arbitration as the final step in the procedure for…