When an Arbitration Ruling Must be Overturned: The Commonwealth Court’s Proper Application of the Essence Test in Slippery Rock v. APSCUF
By , February 8, 2012
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The author examines the Pennsylvania Commonwealth Court’s decision in Slippery Rock v. APSCUF and approves the court’s rejection of the arbitrator’s decision under the essence test doctrine. The essence test, which requires an arbitrator’s decision to logically flow from the CBA, is an appropriate standard of review for courts in determining whether the arbitrator adhered to the terms of the collective bargaining agreement.
