Legal Opinion · Dissent

Philadelphia Housing Authority v. American Federation of State, County & Municipal Employees

Commonwealth Court of Pennsylvania

Decided September 15, 2008No. 2405 C.D. 2004Published

1Dissent

DISSENTING OPINION BY

Judge SMITH-RIBNER.

I write separately to state my view that although the Supreme Court in Westmore-land Intermediate Unit # 7 v. Westmore-land Intermediate Unit # 7 Classroom Assistants Educational Support Personnel Association, PSEAJNEA 595 Pa. 648, 939 A.2d 855 (2007), abandoned the “core functions” exception in favor of the newly adopted federal public policy exception to the “essence test” standard of review of arbitrators’ awards, the essence test standard is still valid and reliable and remains the most lucid and precise standard by which the award in the case sub…

2Cases cited4 opinions

  1. State System of Higher Education v. State College University Professional Ass'nSupreme Court of Pennsylvania · 1999
  2. Westmoreland Intermediate Unit 7 v. Westmoreland Intermediate Unit 7 Classroom Assistants Educational Support Personnel Ass'nSupreme Court of Pennsylvania · 2007
  3. City of Easton v. American Federation of StateSupreme Court of Pennsylvania · 2000
  4. Piunti v. COM., DEPT. OF LABOR AND INDUSTRYCommonwealth Court of Pennsylvania · 2007

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