Should Proper Records Be Maintained In Arbitration Procedures to Enable Courts to Conduct Proper Judicial Review of the Issues Raised ?
In Appeal of Borough of Mount Carmel, 159 Pa. Commw. 535, 633 A.2d 1301, 1304 n.9 (Pa. Cmwlth. 1993), the Court stated:
The arbitrator's award contains the only recounting of the arbitration hearing.
Apparently, the parties stipulated that no formal record would be produced.
While grievance arbitration procedures are less formal than most administrative proceedings, the parties should create and preserve a record that would enable courts to conduct proper judicial review of the issues raised.
Absent some countervailing record evidence, as long as we can determine that the arbitrator has jurisdiction over the subject matter of the grievance, we will assume that the evidence presented is as recounted in the referee's award.