The ''essence Test'' In Pennsylvania Arbitration Cases
In State System of Higher Education (Cheyney University) v. State College University Professional Association (PSEA-NEA), 560 Pa. 135, 743 A.2d 405 (1999), the Pennsylvania Supreme Court reaffirmed the deferential nature of the essence test.
The essence test entails a two-prong analysis. Cheyney University, 560 Pa. at 150, 743 A.2d at 413.
First, it must be determined whether the issue submitted to arbitration, as properly defined, is encompassed within the terms of the collective bargaining agreement. Id.
Second, the arbitrator's award must be rationally derived from the collective bargaining agreement. Id.
A court will vacate an arbitrator's award only where the award indisputably and genuinely is without foundation in, or fails to flow logically from, the collective bargaining agreement. Id.