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JOHN J. POIARKOFF ET AL. v. TOWN COUNCIL BOROUGH ALIQUIPPA ET AL. TOWN COUNCIL BOROUGH ALIQUIPPA (01/10/79)

decided: January 10, 1979.

JOHN J. POIARKOFF ET AL.
v.
TOWN COUNCIL OF THE BOROUGH OF ALIQUIPPA ET AL. TOWN COUNCIL OF THE BOROUGH OF ALIQUIPPA, VINCENT TARRIAIZNI, BOROUGH SECRETARY OF THE BOROUGH OF ALIQUIPPA, JAMES MANSUETTI, MAYOR OF THE BOROUGH OF ALIQUIPPA, APPELLANTS



Appeal from the Order of the Court of Common Pleas of Beaver County in case of John J. Poiarkoff, Walter Dushac, Vernon Norris, Norman Shannon, Angelo L. Ross, Edward Trella, Steve Czekanski, John J. Kashiwsky, James Piroli, Oresto J. Costanza, Donald Opsatnik, James J. Santilli, Gordon Young, Donald Anderson, John Persi, and Thelmo D'Alessandris, all Firemen in the Borough of Alquippa, Beaver County, Pennsylvania v. Town Council of the Borough of Aliquippa, Beaver County, Pennsylvania; Vincent Tarriziani, Borough Secretary of the Borough of Aliquippa; James Mansuetti, Mayor of the Borough of Aliquippa, No. 153 of 1971.

COUNSEL

Joseph M. Stanichak, for appellants.

John J. Ross, for appellees.

Judges Mencer, DiSalle and Craig, sitting as a panel of three. Opinion by Judge DiSalle.

Author: Disalle

[ 39 Pa. Commw. Page 605]

This is an appeal by the Borough of Aliquippa (Borough) from an order of the Court of Common Pleas of Beaver County directing that a writ of mandamus issue to require Borough to comply with an arbitration award entitling Borough's firemen (Appellees) to the additional sum of $1,400.00 each as salary for the year 1970.

On December 18, 1969, following Appellees' request for compulsory arbitration to resolve a collective bargaining dispute with Borough, the Board of Arbitrators

[ 39 Pa. Commw. Page 606]

(Board) made an award providing, in pertinent part, as follows:*fn1

A recent arbitration award has increased the salaries of Policemen by $1,400 effective January 1, 1970. There is persuasive evidence in the record of this case that this increase may result in a reduction of the police force because the financial situation of the Borough is precarious and may require a review of municipal priorities and services by the newly elected Borough Council which takes office in the new fiscal year. Since the Fire Fighters are concerned about the continuity of their employment, their base salaries for the fiscal year of 1970 shall be increased by $1,400 only under the following circumstances:

     a) If Borough Council reduces the present number of Fire Fighters, or fails to keep the fire fighting force at its present level in cases of resignation, retirement or death within a reasonable time after such reduction; or

     b) If Borough Council keeps the police force at at least 90% of its present strength for the first ten months of 1970.

On November 13, 1970, having determined that Borough maintained its police force at "at least 90% of the December, 1969 level for the first ten months of 1970, thus fulfilling condition (b) of the award, the Board issued a supplemental award granting a $1,400.00 increase to each Appellee for the year 1970. The Borough did not appeal either the original or the ...


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