Appeal from the Order of the Court of Common Pleas of Erie County in case of In the Matter of the Arbitration between The City of Erie, Pennsylvania and Haas Memorial Lodge, No. 7, Fraternal Order of Police, No. 5705-A, 1980.
Lawrence L. Kinter, Deputy City Solicitor, with him Donald J. Rogala, City Solicitor, for appellant.
William F. Scarpitti, Jr., for appellee.
President Judge Crumlish and Judges Blatt and Williams, Jr., sitting as a panel of three. Opinion by President Judge Crumlish.
[ 61 Pa. Commw. Page 588]
The City of Erie appeals an Erie County Common Pleas Court decision approving an Arbitrator's Award which provides for the implementation of a merit promotion system for the City's Bureau of Police. We reverse.
The award, in part, provided:
7. A new article entitled Promotions, shall be inserted in the Agreement which shall provide: In an effort to professionalize the operations of the Bureau of Police, and to provide more efficient service to the citizens of the City of Erie, all promotions shall be made on a merit basis. The City is hereby mandated to enact appropriate
[ 61 Pa. Commw. Page 589]
ordinances to establish and to adequately fund a Police Merit Promotion System on or before March 31, 1980.
On appeal, the City contends that this award conflicts with the specific grant of Mayoral authority found in Section 2002 of the Third Class City Code:*fn1
The mayor shall designate, from the force, the chief and other officers who shall serve as such officers until their successors are appointed and qualified. The chief of police shall be designated by the mayor and may be demoted without cause in the same manner, but not to any rank lower than the rank which he held at the time of his designation as chief of police.
The court below held that the utilization of a merit promotion system within the police department not only would compatibly operate within the Mayor's Section 2002 authority, but was a proper subject for collective bargaining ...