Indiana Area School District v. Indiana Area Education Ass'n

DISSENTING OPINION BY

Judge LEADBETTER.

I respectfully dissent from the majority’s decision to reverse the order of the court of common pleas and reinstate the arbitrator’s award because, in my view, common pleas correctly concluded that the arbitrator was collaterally estopped as a matter of law from finding that the position of school nurse assistant (nurse assistant) was substantially similar to that of the other school nurse position currently covered under the existing CBA. Application of the proper scope and standard of review requires correction of the arbitrator’s award, whether framing…