City of Bradford v. Teamsters Local Union No. 110

DISSENTING OPINION BY

Judge LEAVITT.

The majority concludes that under our Supreme Court’s newly established “public policy exception” to the essence test, a public employer can be forced to reinstate an employee who is convicted for committing theft on the job. In so doing, the majority reaches a conclusion exactly opposite that reached by this Court under the so-called “core functions” exception to the essence test.1 I believe that under either test, a public employer cannot bargain away its authority to discharge an employee who has committed theft on the job.

A public employer must retain…