Can An Arbitrator Determine If There Was Just Cause for Discharge and If Not What Should the Remedy Be ?
In Office of the Attorney General v. Council 13, American Federation of State, County & Municipal Employees, AFL-CIO, 577 Pa. 257, 844 A.2d 1217 (2004), the parties stipulated to the same question to be determined by the Arbitrator in the instant case, that is, was there just cause for discharge and, if not, what shall the remedy be.
The Supreme Court reasoned:
Based upon the clear terms of the collective bargaining agreement which prohibit termination without just cause and a grievance and arbitration procedure for settling disputes arising under the contract, it is beyond cavil that the issue submitted to arbitration, as properly defined, was encompassed within the terms of the collective bargaining agreement.
Thus, the Court found that the first prong of the essence test is satisfied. Id. at 270, 844 A.2d at 1225.