Westmoreland Intermediate Unit #7 v. Westmoreland Intermediate Unit #7 Classroom Assistants, et al. (Dissenting Opinion)

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[J-106-2006] IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT WESTMORELAND INTERMEDIATE UNIT : #7, : : Appellee : : : v. : : : WESTMORELAND INTERMEDIATE UNIT : #7 CLASSROOM ASSISTANTS : EDUCATIONAL SUPPORT PERSONNEL : ASSOCIATION, PSEA/NEA, : : Appellant : No. 51 WAP 2005 Appeal from the Order of the Commonwealth Court entered June 22, 2005, at No. 1782 C.D. 2004, affirming the Order of the Court of Common Pleas of Westmoreland County entered August 3, 2004, at No. 4799 of 2003. ARGUED: September 11, 2006 DISSENTING OPINION MR. JUSTICE EAKIN DECIDED: DECEMBER 27, 2007 I join the Dissenting Opinion of Mr. Justice Castille. While I have previously recognized the precedence of the core functions exception, I too have no firm opposition to its demise. However, I cannot agree to the sua sponte implementation of a public policy exception which was not raised by the parties and on which we have received no advocacy on either side.

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