deferential essence test in Pennsylvania

2018Pursuant to this test, our review is 'highly circumscribed,' meaning that '[w]here it is determined that the subject matter of the dispute is encompassed within the terms of the [CBA], the validity of the arbitrator's interpretation is not a matter of concern to the court.' Leechburg Area Sch [.] Dist [.] v. Dale, 492 Pa. 515 , 424 A.2d 1309 , 1312-13 (1981).

2018Pursuant to this test, our review is 'highly circumscribed,' meaning that '[w]here it is determined that the subject matter of the dispute is encompassed within the terms of the [CBA], the validity of the arbitrator's interpretation is not a matter of concern to the court.' Leechburg Area Sch [.] Dist [.] v. Dale, 492 Pa. 515 , 424 A.2d 1309 , 1312-13 (1981).

2018Initially, [a]s we have previously stated, grievance awards under the Public Employe Relations Act [ (PERA) 5 ], ... are reviewed pursuant to the deferential essence test, which requires affirmance of an award if: '(1) the issue as properly defined is within the terms of the [CBA], and (2) the award can be rationally derived from the [CBA].' Neshaminy Sch [.] Dist [.] v. Neshaminy Fed ['] n of Teachers, 122 A.3d 469 , 474 (Pa. Cmwlth. 2015) [ ( Neshaminy I ) ].

2016As we have previously stated, grievance awards under the Public Employe Relations Act, Act of July 23, 1970, P.L. 563, as amended, 43 P.S. §§ 1101.101 -1101.2301, are reviewed pursuant to the deferential essence test, which requires affirmance of an award if: "(1) the issue as properly defined is within the terms of the agreement, and (2) the award can be rationally derived from the agreement." Neshaminy School District v. Neshaminy Federation of Teachers, 122 A.3d 469 , 474 (Pa.Cmwlth.2015).

2014Coatesville Area School District v. Coatesville Area Teachers’ Association/Pennsylvania State Education Association, 978 A.2d 413 , 415 n. 2 (Pa.Cmwlth.2009).

2012"When reviewing an arbitrator's interpretation of a collective bargaining agreement, the proper standard of review for an appellate court is the deferential essence test.” Coatesville Area School District v. Coatesville Area Teachers' Association/Pennsylvania State Education Association, 978 A.2d 413 , 415 n. 2 (Pa.Cmwlth.2009).

2019Additionally, with regard to reviewing an arbitration award under the deferential essence test, in Northern Cambria School District this Court stated, "we are mindful that an arbitrator's findings of fact are not reviewable on appeal, and as long as he has arguably construed or applied the collective bargaining agreement, an appellate court may not second-guess his findings of fact or interpretation." Id. at 521 .

2008The Pennsylvania Supreme Court has consistently reaffirmed the essence test, and in West-moreland, notes that “courts should not become embroiled in the merits of an arbitration, but rather, must only determine if the award is indisputably and genuinely without foundation in or fails to logically flow from the collective bargaining agreement.” 595 Pa. at 661 , 939 A.2d at 866 .

2008The Pennsylvania Supreme Court has consistently reaffirmed the essence test, and in West-moreland, notes that “courts should not become embroiled in the merits of an arbitration, but rather, must only determine if the award is indisputably and genuinely without foundation in or fails to logically flow from the collective bargaining agreement.” 595 Pa. at 661 , 939 A.2d at 866 .