Office of the Attorney General v. Council 13, American Federation of State, County & Municipal Employees

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that strict adherence to the essence test is mandated by strong historical preference for swift and efficient means of settling disputes under a collective bargaining agreement by grievance procedures culminating in binding arbitration
• emphasizing that the General Assembly expressly provided in section 903 of PERA that the decision of the arbitrator \must be final and binding\
• noting that it was entirely rational for an arbitrator to interpret the undefined just cause provision of a collective bargaining agreement as permitting consideration of mitigating circumstances in determining whether an employee was discharged for just cause
• reversing this Court and holding that the arbitrator properly defined the undefined term “just cause” in reversing an employee’s termination for driving after drinking alcohol
• upholding award that considered mitigating factors to find ‘‘just cause’’ did not exist because term was not defined by collective bargaining agreement and refusing ‘‘[t]o reduce the undefined term just cause to the equivalent of a mere factual finding of mis- conduct’’
• modified test does not apply when arbitrator reinstates employee whom the Office of the Attorney General discharged for off-duty misconduct

Source: CourtListener parenthetical corpus (CC0).