Office of the Attorney General, Commonwealth of Pennsylvania v. AFSCME Council 13

Outcome: Arbitration award reinstated

Description: The Pennsylvania Supreme Court reinstated a labor arbitration award in favor of the union, ordering the reinstatement of an employee in the Attorney General's office who had been discharged for misconduct. The Court found that the arbitrator had the authority, under the parties' collective bargaining agreement, to order reinstatement without back pay, despite the employee's misconduct, based on mitigating circumstances including less severe discipline imposed by the employer in other similar cases. The court thus reaffirmed the principle that a "just cause" requirement for discipline or discharge under a collective bargaining agreement permits an arbitrator to consider the proportionality of the disciplinary measure, and not only the grounds for discipline.