Legal Opinion

Department of Corrections v. Pennsylvania State Corrections Officers Ass'n

Commonwealth Court of Pennsylvania

Decided May 3, 2007PublishedCited by 7 opinions

1Opinion of the Court

OPINION BY

Judge LEAVITT.

The Department of Corrections (Department) petitions this Court to review a labor arbitration award rendered pursuant to a collective bargaining agreement and the Public Employe Relations Act (Act 195). 1 The arbitrator converted the Department’s discharge of Corrections Officer Joseph Karpinsky into a five-day suspension, concluding that Karpinsky’s off-duty misconduct did not constitute just cause for termination. In this case we consider whether the arbitration award draws its essence from the collective bargaining agreement and whether Karpin-sky’s conduct impaired…

2Cases cited5 opinions

  1. State System of Higher Education v. State College University Professional Ass'nSupreme Court of Pennsylvania · 1999
  2. Office of the Attorney General v. Council 13, American Federation of State, County & Municipal EmployeesSupreme Court of Pennsylvania · 2004
  3. Philadelphia Housing Authority v. American Federation of State, County & Municipal Employees, District Council 33, Local 934Commonwealth Court of Pennsylvania · 2006
  4. Council 13, American Federation of State, County & Municipal Employees v. Commonwealth, Pennsylvania Labor Relations BoardCommonwealth Court of Pennsylvania · 1984
  5. In re Arbitration between Mount Carmel Borough Police Department & Borough of Mount CarmelCommonwealth Court of Pennsylvania · 1993

3Cited by7 opinions

  1. Department of Corrections v. Pennsylvania State Corrections Officers Ass'nCommonwealth Court of Pennsylvania · 2011
  2. Pennsylvania Turnpike Commission v. Teamsters Local Union No. 77Commonwealth Court of Pennsylvania · 2012
  3. City of Pittsburgh v. FOP, Fort Pitt Lodge No. 1 (D. Dailey, Grievant)Commonwealth Court of Pennsylvania · 2025
  4. City of Pittsburgh, PA v. FOP, Fort Pitt Lodge No. 1 (T. Potts, Grievant)Commonwealth Court of Pennsylvania · 2025
  5. City of York v. White Rose Lodge No. 15Commonwealth Court of Pennsylvania · 2007

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