Edinboro University of PA, State System of Higher Education v. Association of PA State College and University Faculties

DISSENTING OPINION BY

President Judge PELLEGRINI.

The sole issue in this case is whether an arbitrator may award tenure when she finds that an application for tenure was denied only because an improper criterion was used to review it. The majority *331agrees that an arbitrator had the power to review a tenure denial by Edinboro University of Pennsylvania, State. System of Higher Education’s (Edinboro) President, and does not dispute the arbitrator’s authority based upon her finding that the President did not apply the correct criterion in concluding that Grievant did not demonstrate “continuing '…