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

DISSENTING OPINION BY

Judge McGINLEY.

I dissent because I believe the Majority has overstepped its bounds by erroneously engaging in a “merits review” and “substituting its own judgment” for that of the Arbitrator.

It is axiomatic that “[a] court should not engage in merits review” of an arbitration award under the Public Employee Relations Act (PERA). Indeed, “the essence test does not permit an appellate court to intrude into the domain of the arbitrator and determine whether an award is ‘manifestly unreasonable.’ ” Westmoreland Intermediate Unit # 7 v. Westmoreland Intermediate Unit # 7…