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FRATERNAL ORDER POLICE v. FRANK L. RIZZO (09/02/82)

decided: September 2, 1982.

FRATERNAL ORDER OF POLICE, PHILADELPHIA LODGE NO. 5, APPELLANT
v.
FRANK L. RIZZO, MAYOR OF THE CITY OF PHILADELPHIA ET AL., APPELLEES



Appeal from the Order of the Court of Common Pleas of Philadelphia County in the case of Fraternal Order of Police, Philadelphia Lodge No. 5 v. Frank L. Rizzo, Mayor of the City of Philadelphia, and Hillel S. Levinson, Managing Director of the City of Philadelphia, and Joseph F. O'Neill, Commissioner of the Police Department of the City of Philadelphia, No. 3922 September Term, 1977.

COUNSEL

Jonathan Walters, Kirschner, Walters & Willig, for appellant.

Alan J. Davis, City Solicitor, with him Jill A. Douthett, Deputy City Solicitor, and D. Rae Scott-Jones, Assistant City Solicitor, for appellees.

Judges Rogers, Blatt and Craig, sitting as a panel of three. Opinion by Judge Blatt.

Author: Blatt

[ 68 Pa. Commw. Page 561]

The appellant, the Fraternal Order of Police, Philadelphia Lodge No. 5 (FOP), appeals from an order of the Court of Common Pleas of Philadelphia County denying its request for mandamus.

The court below found that civil service regulations were implemented in 1957 providing that Philadelphia city employees whose annual salaries were higher than a certain rate were not entitled to extra pay for overtime work but that they could accumulate

[ 68 Pa. Commw. Page 562]

    up to 120 hours of compensatory time off. Philadelphia Civil Service Regulations 6.1132-6.11322. In 1964, however, a Police Department directive was amended to provide that policemen of the rank of lieutenant and above could accrue up to 600 hours of compensatory time. In the following year the conflict between these two provisions was resolved through an agreement between the City of Philadelphia and the Police Department to allow accumulation of up to 600 hours of compensatory time but to recognize only 120 of those hours when computing terminal leave payments and pension benefits at the time an officer left the force.

Up until 1971, all police personnel worked a 42-hour week. In that year an arbitration award was handed down providing in part:

Request 9 : All employees shall enjoy a forty hour work week.

Award :

1. Commencing July 1, 1971, all hours of overtime worked by an employee (below the rank of Captain), in excess of eight hours per day, or in excess of forty (40) hours per week, shall be paid at the ...


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