dissenting.
I dissent.
At issue here is the validity of a grievance arbitration award upholding the City of Philadelphia’s discharge of a *302police officer for allegedly using excessive force. The Court of Common Pleas of Philadelphia County denied the police officer’s petition to vacate the award of the arbitrator, and the Commonwealth Court affirmed. I believe that the Commonwealth Court applied an incorrect standard of review in affirming the award of the arbitrator and would reverse its decision in this case.
Appellant, Ronald Bojanowski, a decorated 16-year veteran of the Philadelphia Police Department, was discharged on August 15, 1986 for violating the department’s deadly force policy and for conduct unbecoming an officer. The specific charges, as set forth in the Notice of Dismissal, were as follows:
On or about 11:45 P.M., on Sunday, 5-26-86 on the highway at Livingston and Venango Streets, while off duty in civilian clothes [Bojanowski] did discharge [his] privately owned 45 caliber firearm at least six (6) times at a Brown Ford Granada owned and operated by a Mr. Trimbeck which was occupied by his wife Grace in the front passenger seat and their two (2) daughters Lena and Christine in the rear seat. [Bojanowski] did discharge [his] weapon at this vehicle as it was driving away from [him] and posing no danger to [his] safety or the safety of anyone else.
Appellant, Fraternal Order of Police, Lodge No. 5 (Union), filed a grievance on behalf of Bojanowski pursuant to the collective bargaining agreement in effect between appellee, City of Philadelphia (City), and the Union. Following three hearings, the arbitrator denied Bojanowski’s grievance on April 24, 1986, concluding that the dismissal was consistent with the collective bargaining agreement, the Home Rule Charter and the Civil Service Regulations. Bojanowski and the Union petitioned the Court of Common Pleas to vacate the arbitrator’s award, but the court denied their petition.
Subsequently, Bojanowski and the Union appealed to the Commonwealth Court. The court affirmed, relying on the narrow standard of review specified in Lower Merion Fra*303ternal Order of Police, Lodge No. 28 v. Township of Lower Merion, 511 Pa. 186, 512 A.2d 612 (1986). In Lower Merion Fraternal Order of Police, this Court stated that review of an arbitration proceeding brought pursuant to Act 111,1 which authorizes collective bargaining between political subdivisions and their police and provides for binding arbitration in the event of an impasse in negotiations, is limited to questions involving: 1) the jurisdiction of the arbitrators; 2) the regularity of the proceedings; 3) questions of excess in the exercise of powers; and 4) constitutional questions.
This standard of review, however, does not apply here because the case herein does not involve an “interest” arbitration proceeding brought pursuant to Act 111, but rather involves a “grievance” arbitration.2 Although we are dealing with a dispute between a political subdivision and its police union operating under an Act 111 collective bargaining agreement, the resulting arbitration did not come about because of an impasse in negotiations for a new agreement, and therefore, is not an Act 111 arbitration. Instead, the case before us deals with the validity of the arbitrator’s interpretation of the collective bargaining agreement, where the arbitrator determined that Bojanowski was discharged for just cause pursuant to the agreement.
This Court, in Ringgold Area School District v. Ringgold Education Assn., PSEA/NEA, 489 Pa. 380, 414 A.2d 118 (1980), set forth the proper standard of review in cases where the arbitrator’s award is based on his interpretation of the collective bargaining agreement, i.e., “grievance” arbitration. The arbitrator’s award is to be respected if the interpretation can in any rational way be derived from the *304agreement, viewed in light of its language, its context and any other indicia of the parties’ intent. Id., 489 Pa. at 383, 414 A.2d at 120. Moreover, this Court has held that an arbitrator’s award will be upheld only if the arbitrator’s interpretation of the collective bargaining agreement is reasonable. Philadelphia Housing Authority v. Union of Security Officers #1, 500 Pa. 213, 455 A.2d 625 (1983). Applying the correct standard of review to the arbitrator’s award herein, I believe the award should be vacated and Bojanowski reinstated.
The facts giving rise to Bojanowski’s dismissal, as determined by the arbitrator, are as follows:
... Officer Bojanowski was called by phone by one of the members of the Richmond Auto Association of which he is a member. He received the call while off duty. He went to the home of the member and found that one of the club members had been assaulted by a person wielding a baseball bat and that some damage had occurred to the club’s headquarters. He determined to call for a Police Supervisor and did so, reporting a potentially riotous situation.
At approximately 11:40 P.M. on May 25, [1986] then Lieutenant (now Captain) Thomas Barron responded to a radio call regarding a disturbance at 3569 Almond Street. The Lieutenant ordered Wagon 2400 to also respond to the location. As the officers were gathering information three (3) automobiles drove by, one of which was a brown Ford Granada whose car and driver were identified as the same vehicle and driver involved in the above assault. The second car, a Chevrolet Nova, was not involved in either incident and left the area. A third vehicle, a 1971 Chevrolet Malibu, was stopped on Venango Street just west of the intersection of Venango and Almond Streets by Officer Bojanowski who positioned himself in front of the automobile with his gun drawn and identified himself as a police officer and effected an arrest which is not the subject of this arbitration. Two (2) uniformed police officers were also present and assisted Officer Bojanow*305ski in taking the three (3) occupants of the car into custody.
At approximately the same time Officer Bojanowski’s attention was drawn to the sound of the screeching of automobile tires from a westerly direction from where he stood. Apparently the brown Ford Granada was observed finishing a U-turn about a block and a half away and thereafter coming east on Venango Street at what appeared to be a high rate of speed. Officer Joseph Tangradi and Officer Bojanowski moved quickly in a westerly direction on Venango Street. The Officers observed the Granada swerve toward two (2) civilians standing in the street who, because of the dark conditions and their line of sight appeared, at least according to Officer Bojanowski, to have been struck and perhaps severely injured if not killed by the driver of the Granada. What happened was that neither civilian was injured because each jumped out of the street and disappeared from view behind a parked truck. The Granada then appeared to head for Officer Tangradi who was by then near the corner of Venango and Livingston Streets. The Granada came to a stop on Venango Street, backed up and started north on Livingston Street. Lt. Barron observed it driving up onto the east sidewalk pinning Officer Bojanowski into a corner formed by a chain link fence and a garage located at 3601 Livingston Street. In the process of pinning Officer Bojanowski into the corner Officer Bojanowski ended up with his firearm drawn, spread eagled on the hood of the car.
As the Granada proceeded toward Officer Bojanowski, Officer Tangradi fired. As the Granada backed toward him he fired again at the driver of the Granada. As the driver put the car into forward gear with the wheels still pointed at where Officer Bojanowski lay, he fired again. Each of Officer Tangradi’s shots was considered by the Police Department Internal Affairs to have been taken consistent with his privileges and responsibilities as a Police Officer consistent with Directive # 10 and Training *306Bulletin No. 1. (See below) as each shot was fired either to protect Officer Bojanowski or to protect himself.
Almost immediately with the report of Officer Tangradi’s third shot, Officer Bojanowski fired six (6) shots. Lt. Barron who observed the above issued a verbal order to cease firing. Officer Bojanowski did not fire any more shots after hearing the order and most likely had decided to stop firing even prior to hearing Lt. Barron’s order.
(Opinion of the Arbitrator at pp. 2-4, April 24, 1987).3
Section XVIII of the collective bargaining agreement in effect between the City and the Union, entitled DISCIPLINE AND DISCHARGE, provides that “No employee shall be disciplined or discharged except as [is] consistent with the Home Rule Charter and the Regulations of the Civil Service Commission.” Pursuant to its powers under the Philadelphia Home Rule Charter,4 the Police Commissioner established a written policy regarding discharges of firearms by police personnel, which is embodied in Philadelphia Police Department Directive # 10 and is part of the agreement by reference. Directive # 10 states in relevant part:
C. A police officer is justified in using deadly force to prevent a person fleeing from arrest or police custody when he believes that no other alternative exists to effect the arrest and knows that:
1. The person fleeing possesses a deadly weapon which he has used or indicates he is about to use; OR
2. The person fleeing should be arrested for committing or attempting to commit a forcible felony.
a. FORCIBLE FELONY — means a felony involving actual or threatened serious bodily injury.
*307(Philadelphia Police Department Directive # 10 at p. 1) (Emphasis added).
According to the arbitrator’s own findings, the driver of the brown Ford Granada was identified as the person who assaulted a member of the Richmond Automobile Association with a baseball bat and broke his arm. Additionally, the driver later attempted to run over two civilians and crush two police officers with his automobile. Clearly, the driver fit into the definition of a forcible felon.5
Despite this, the arbitrator held that Bojanowski used excessive force to prevent the driver from fleeing arrest because “Officer Bojanowski did not know any deadly weapon was possessed by any occupant of the Granada.” (Opinion of the Arbitrator at p. 13). Thus, the arbitrator interpreted Directive # 10 as justifying the use of deadly force against a person fleeing arrest only if the officer knows that the person possesses a deadly weapon AND is a fleeing forcible felon.6 However, Directive # 10 states that the use of deadly force is justified where the officer knows the person fleeing arrest possesses a deadly weapon OR is a fleeing forcible felon (Philadelphia Police Department Directive # 10 at p. 1). Bojanowski fired at a fleeing forcible felon, and as such, he was justified in using deadly force according to the clear language of Directive # 10.7
It is well settled that an arbitrator’s award will be upheld if the arbitrator’s interpretation of the collective bargaining agreement is reasonable. Philadelphia Housing Authority v. Union of Security Officers # 1, supra; International Brotherhood of Firemen and Oilers, AFL-CIO Local 1201 v. School District of Philadelphia, 465 Pa. 356, 350 A.2d *308804 (1976). Taking into consideration the circumstances of the case before us, I believe that it was unreasonable for the arbitrator to subject Bojanowski to additional criteria not required under the agreement itself. The arbitrator, in his interpretation of the collective bargaining agreement, is not free to ignore the specific terms of the collective bargaining agreement and fashion his own terms. Such an interpretation by the arbitrator would, in effect, strip the police officers of the City of Philadelphia of the right to do their jobs and secure the safety of the citizens that they are pledged to protect. It is manifestly unreasonable that the Union would have bargained away this important right.
Accordingly, I would reverse the decision of the Commonwealth Court and vacate the award of the arbitrator. Bojanowski should be reinstated with full back pay, seniority, pension benefits and all other emoluments.
McDERMOTT, J., did not participate in the consideration or decision of this case. CAPPY, J., joins this dissenting opinion.. Act of June 24, 1968, P.L. 237, No. Ill, as amended, 43 P.S. §§ 217.1-217.10.
. A "grievance” arbitration entails the resolution by a third party of a dispute between employer and employee over the proper interpretation of an existing collective bargaining agreement. On the other hand, an "interest” arbitration involves the resolution of an impasse in collective bargaining over the terms of a new contract. Township of Moon v. Police Officers of the Township of Moon, 508 Pa. 495, 501 n. 5, 498 A.2d 1305, 1308 n. 5 (1985).
. Although the issue was not addressed by the arbitrator, there was a good probability that the driver of the Granada would have repeated his vehicular attack by once again driving a block and a half away and then making another U turn — but for the shots fired by Bojanowski. Bojanowski, in effect, stopped a lethal vehicle at sure danger to his own life, and for that, he deserved a medal — not a discharge and years of litigation.
. "The Department shall train, equip, maintain, supervise and discipline the Philadelphia Police.” 351 Pa.Code § 5.5-200(b).
. In fact, the driver of the brown Ford Granada, Joseph Trimback, was subsequently charged with two counts of aggravated assault on a police officer.
. See Opinion of the Arbitrator at p. 12.
. Bojanowski’s actions were also justified under the terms of Training Bulletin No. 1. The training bulletin mirrors the policy established in Directive # 10 and states in relevant part:
DO NOT FIRE YOUR WEAPON UNLESS YOU KNOW, the person fleeing arrest or police custody has committed or attempted to commit a forcible felony.