Legal Opinion · Dissent

Commonwealth v. United Plant Guard Workers, Local Union No. 509

Commonwealth Court of Pennsylvania

Decided July 9, 1992No. 598 C.D. 1991Published

1DissentBarry, Senior Judge

I respectfully dissent from the majority’s opinion that the arbitrator’s decision in this case failed to derive its “essence” from the bargaining agreement as required by Manheim Central Education Assoc. v. School District, 132 Pa.Commonwealth Ct. 94, 572 A.2d 31 (1990).

In the early 1970s campus police regularly jump-started stalled vehicles on campus until the practice was discontinued because a state-owned vehicle was damaged while jump-starting another vehicle. After that incident, cables were kept at the campus police office and made available on a sign-out system to students and staff.…

2Cases cited4 opinions

  1. County of Centre v. MusserSupreme Court of Pennsylvania · 1988
  2. Philadelphia Housing Authority v. Union of Security Officers 1Supreme Court of Pennsylvania · 1983
  3. School District v. Duquesne Education Ass'nSupreme Court of Pennsylvania · 1977
  4. Upper Bucks County Area Vocational-Technical School Joint Committee v. Upper Bucks County Vocational-Technical School Education Ass'nCommonwealth Court of Pennsylvania · 1985

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