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ARBITRATION BETWEEN BOROUGH NORRISTOWN AND AMERICAN FEDERATION STATE (06/23/81)

decided: June 23, 1981.

IN RE: ARBITRATION BETWEEN BOROUGH OF NORRISTOWN AND AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES. DISTRICT COUNCIL 88, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO, APPELLANT


Appeal from the Order of the Court of Common Pleas of Montgomery County in case of In Re: Arbitration between Borough of Norristown and American Federation of State, County and Municipal Employees, No. 79-20640.

COUNSEL

Theodore M. Lieverman, Kirschner, Walters & Willig, for appellant.

Paul C. Vangrossi, for appellee.

Judges Blatt, Craig and Williams, Jr., sitting as a panel of three. Opinion by Judge Williams, Jr. Judge Wilkinson, Jr. did not participate in the decision in this case.

Author: Williams

[ 60 Pa. Commw. Page 164]

The American Federation of State, County and Municipal Employees, District Council 88, AFL-CIO (union), appeals to this Court to reverse the Montgomery County Court of Common Pleas' vacation of the Award of Arbitrators in this action. That award had sustained a union grievance filed to implement salary adjustments for seven employees of the Borough of Norristown (Borough).

Representatives of the union and the Borough successfully negotiated a collective bargaining agreement, which they then took to their respective principals for approval. Article XXXI of the proposed agreement included the following language:

Each employee in an active pay status covered by this Agreement shall receive a general pay increase in accordance with the following: (there follows provision for a 5.95% increase effective January 1, 1976, a 4.50% increase effective January 1, 1977, and a 6.00% increase effective January 1, 1978)

Adjustments shall be computed on the existing salary until such time as the payment classification plan is implemented. . . .

[ 60 Pa. Commw. Page 165]

E. An up to date salary schedule is attached as Appendix A-1. (Portion in parenthesis is synopsis.)

Appendix A-1 was not attached to the proposed contract at this time.

According to the arbitrator's opinion, and not disputed on the record, the Borough Council held a special executive session on December 9, at which it "voted to approve 'the entire contract with the exception of Article V, Section B, Hours of Work.'"*fn1 Among others present at this meeting was the council president, who was also a member of the Borough negotiating committee, and who later signed the contract on behalf of the Borough, after ...


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