N Berks Reg. Police Comm v. Berks Co. Frat. ( 2019 )

IN THE SUPREME COURT OF PENNSYLVANIA
MIDDLE DISTRICT
NORTHERN BERKS REGIONAL POLICE : No. 797 MAL 2018
COMMISSION, :
:
Petitioner : Petition for Allowance of Appeal from
: the Order of the Commonwealth Court
:
v. :
:
:
BERKS COUNTY FRATERNAL ORDER :
OF POLICE, LODGE #71, :
:
Respondent :
ORDER
PER CURIAM
AND NOW, this 3rd day of July, 2019, the Petition for Allowance of Appeal is
GRANTED. The issue, as stated by petitioner, is:
(1) Whether the Commonwealth Court erred in vacating and remanding
the trial court’s decision despite the fact there was no finding of error
in the trial court’s opinion and the Commonwealth Court relied upon
hypothetical actions that could occur in the future, rather than on the
record before it.
(2) Whether the narrow certiorari scope of review used in Act 111
matters should encompass a public policy exception, as part of the
review of whether an arbitrator exceeded his powers, or, in the
alternative, whether the narrow certiorari scope of review set forth in
Pennsylvania State Police v. Pennsylvania State Troopers’
Association (Betancourt), 540 Pa. 66, 656 A.2d 83 (1995) should be
replaced by the essence test or JNOV/error of law test.