Supreme Court of Pennsylvania, 2003

Hanover School District v. Hanover Education Ass'n

Hanover School District v. Hanover Education Ass'n
Supreme Court of Pennsylvania · Decided July 29, 2003
829 A.2d 308 (Atlantic Reporter, Second Series)

Hanover School District v. Hanover Education Ass'n

Opinion of the Court

ORDER

PER CURIAM.

AND NOW, this 29th day of July, 2003, the Petition for Allowance of Appeal is hereby GRANTED, limited to the following issue:

Did the Commonwealth Court depart from the essence test as set forth by this Court when it found that a “just cause” provision was “implied” in a collective bargaining agreement where the arbitrator found provisions in the collective bargaining agreement that addressed discipline, the collective bargaining agreement expressly defined a grievance as any “alleged violation of any provision of this agreement,” and no evidence of any bargaining history or past prac*309tice was presented that the parties intended to arbitrate disciplinary matters?

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