829 A.2d 308
Supreme Court of Pennsylvania, Middle District.
July 29, 2003.
No. 72 MAL 2003, Petition for Allowance of Appeal from the Order of the Commonwealth Court.
Prior Report: Pa.Cmwlth, 814 A.2d 292.
Page 166
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 practice was presented that the parties intended to arbitrate disciplinary matters?
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