Legal Opinion · Dissent

Greater Johnstown Area Vocational-Technical School v. Greater Johnstown Area Vocational-Technical Education Ass'n

Commonwealth Court of Pennsylvania

Decided February 25, 1987No. Appeal, No. 171 C.D. 1985Published

1Dissent

Dissenting Opinion by

Judge Barry:

In Leechburg Area School District v. Dale, 492 Pa. 515, 520-521, 424 A.2d 1309, 1312-13 (1981), the court, through Justice (now Chief Justice) Nix, stated without reservation:

*200The essence test requires a determination as to whether the terms of the agreement encompass the subject matter of the dispute. Where it is determined that the subject matter of the dispute is encompassed within the terms of the agreement, the validity of the arbitrators interpretation is not a matter of concern to the court7 (Emphasis added.)

Less than a year ago, our Court was no less…

2Cases cited2 opinions

  1. Leechburg Area School District v. DaleSupreme Court of Pennsylvania · 1981
  2. Conneaut School Service Personnel Ass'n v. Conneaut School DistrictCommonwealth Court of Pennsylvania · 1986

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