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CITY JEANNETTE v. FRATERNAL ORDER POLICE JEANNETTE LODGE NO. 24. CITY JEANNETTE (11/18/76)

decided: November 18, 1976.

THE CITY OF JEANNETTE
v.
FRATERNAL ORDER OF POLICE JEANNETTE LODGE NO. 24. THE CITY OF JEANNETTE, APPELLANT



Appeal from an award of an arbitrator in case of In the Matter of the Arbitration Between Police Department of Jeannette and City of Jeannette, Case No. 55-39-0345-75.

COUNSEL

George A. Conti, Jr., for appellant.

John W. Peck, with him George, Wasson, Sekula, Kovalchick, Irwin & Peck; Raymond F. Sekula ; and Thomas A. Kovalchick, for appellee.

President Judge Bowman and Judges Mencer and Blatt, sitting as a panel of three. Opinion by President Judge Bowman.

Author: Bowman

[ 27 Pa. Commw. Page 165]

This appeal calls upon us to again review an arbitration award issued pursuant to the Act of June 24, 1968, P.L. 237, 43 P.S. ยง 217.1 et seq. (commonly referred to as Act No. 111), which granted to police officers expanded benefit rights and which appellant,

[ 27 Pa. Commw. Page 166]

City of Jeannette, asserts to be violative of the statutory law on the subject.*fn1

In City of Reading v. Reading F.O.P. No. 9, 15 Pa. Commonwealth Ct. 344, 325 A.2d 675 (1974), we said:

The general subject of pensions is a bargainable issue under Act No. 111, being one of the enumerated subjects encompassed within its provisions. Thus, the general subject of pensions, upon an impasse in bargaining, becomes a proper subject of binding arbitration subject to the limitation that such an award may not require the governmental employer to perform a duty or take an action specifically or impliedly prohibited by the statutory law governing its affairs. Washington Arbitration Case, 436 Pa. 168, 259 A.2d 437 (1969); Cheltenham Township v. Cheltenham Township Police Department, 11 Pa. Commonwealth Ct. 348, 312 A.2d 835 (1973); Allegheny County Firefighters, Local 1038, International Association of Firefighters v. Allegheny County, 7 Pa. Commonwealth Ct. 81, 299 A.2d 60 (1973).

15 Pa. Commonwealth Ct. at 347, 325 A.2d at 676.

In the instant case, an impasse in bargaining having occurred, several issues were submitted to binding arbitration. On the subject of pensions, appellant's police officers had demanded retirement rights after twenty years of service regardless of age, and, as thus posed, this demand was submitted to the arbitrators. Without making any findings or discussion a majority of a three member panel of ...


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