TOWN OF MCCANDLESS, v. MCCANDLESS POLICE OFFICERS ASSOCIATION (Concurring Opinion)
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[J-90-2005] IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT TOWN OF MCCANDLESS, Appellant v. MCCANDLESS POLICE OFFICERS ASSOCIATION, Appellee : : : : : : : : : : : : No. 14 WAP 2005 Appeal from the Order of the Commonwealth Court entered May 26, 2004, at No. 2623 CD 2003, affirming the Order of the Court of Common Pleas of Allegheny County, entered October 31, 2003, GD 03-8284. ARGUED: September 12, 2005 CONCURRING OPINION MR. JUSTICE EAKIN DECIDED: JULY 18, 2006 I join the majority s decision that, in light of our narrow certiorari scope of review, the arbitrator s decision on mootness is not subject to judicial review. Appellee filed a grievance concerning the town council s October 9, 2002 decision based upon the September 19, 2002 incident; thus, the arbitrator only had jurisdiction over that grievance. Council s October 28, 2002 decision based upon the October 8, 2002 incident was not grieved and hence became final; the arbitrator s jurisdiction is not implicated here. The arbitrator s decision involved the question of mootness relating to the only grievance before him--a matter not within our narrow certiorari scope of review.
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