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APPEAL ROSS TOWNSHIP (11/07/75)

decided: November 7, 1975.

IN RE: APPEAL OF ROSS TOWNSHIP, PENNSYLVANIA. ROSS TOWNSHIP, APPELLANT


Appeal from an award of a Board of Arbitration in case of In The Matter of the Arbitration between Ross Township, Pennsylvania, and Ross Township Police, No. 55-39-0009-75.

COUNSEL

Edward H. Feege, with him Hayes and Feege, P.C., for appellant.

Dina G. McIntyre, with her McIntyre & McIntyre, for appellee.

President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Opinion by Judge Wilkinson. Concurring and Dissenting Opinion by President Judge Bowman. Judge Mencer joins in this concurring and dissenting opinion.

Author: Wilkinson

[ 21 Pa. Commw. Page 542]

This is an appeal from certain provisions of the award of a board of arbitration made under the provisions of the Act of June 24, 1968, P.L. 237, Section 1, as amended, 43 P.S. ยง 217.1, et seq. Appellant appeals from specific provisions in the award which will be considered specifically.

I

Interference with Inherent Managerial Rights

The 4 specific provisions objected to on this basis, in substance, provide:

(a) Shift assignments shall not under any circumstances be made for disciplinary or punitive purposes.

(b) All general overtime details shall be made available to all Policemen on a seniority basis.

(c) Any suspension noted on a Policeman's service record that is more than five years old shall in no way be considered for determining eligibility for ...


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