Opinion
March 25, 2008.
Petition for Allowance of Appeal No. 345 WAL 2005 from the Order of the Commonwealth Court entered April 11, 2005 at No. 1413 CD 2004, reversing the Order of the Court of Common Pleas of Allegheny County entered June 4, 2004 at GD 03-019783.
Prior Report: Pa.Cmwlth., 874 A.2d 1250.
ORDER
AND NOW, this 25th day of March 2008, the Petition for Allowance of Appeal is GRANTED and the Commonwealth Court's order is VACATED. The matter is REMANDED to the Commonwealth Court for reconsideration in light of our decision in Westmoreland Intermediate Unit # 7 v. Westmoreland Intermediate Unit # 7 Classroom Assistants Educational Support Personnel Association, PSEA/NEA 939 A.2d 855 (Pa. 2007) (supplanting the "core function" exception to the essence test with a public policy exception).
Pennsylvania State Education Association's motion for leave to file amicus brief is dismissed as moot.