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CITY FIREFIGHTERS' ASSOCIATION PHILADELPHIA v. CITY PHILADELPHIA AND ET AL. (06/24/83)

filed: June 24, 1983.

CITY FIREFIGHTERS' ASSOCIATION OF PHILADELPHIA, LOCAL 22, APPELLANT
v.
CITY OF PHILADELPHIA AND ET AL.



NO. 456 PHILADELPHIA 1980, NO. 1147 PHILADELPHIA 1980, CROSS APPEAL Appeal from the Order of the Court of Common Pleas, Trial Division-Law, for the County of Philadelphia, at No. 3528 August Term, 1978.

COUNSEL

John W. Beavers, Jr., Philadelphia, for City Firefighters, appellant (at No. 456) and appellee (at No. 1147).

William F. Coyle, Philadelphia, for Akers et al., appellants (at No. 1147) and appellees (at No. 456).

Price, Montemuro and Van der Voort, JJ. Price, J., did not participate in the consideration or decision of this case.

Author: Van Der Voort

[ 316 Pa. Super. Page 232]

This appeal involves a dispute between the City Firefighters' Association of Philadelphia, Local 22 (hereafter referred to as the Union) and a number of Officers of the Fire Department of Philadelphia (hereafter referred to as Officers). The City of Philadelphia has informed this court that while it is a named party, it has no interest in the current appeal and will not file a brief.

Prior to a 1976 arbitration award the Union supplied its members with the following form pertaining to the withholding of union dues.

CITY OF PHILADELPHIA

You are hereby authorized and empowered to withhold from my monthly pay the sum of ___ (___) dollars as dues payable to CITY FIRE FIGHTERS' ASSOCIATION -- LOCAL 22 I.A.F.F. -- AFL-CIO which money you may pay over to the Treasurer of City Fire Fighters' Association, Local 22; this power and authority is revocable by me in writing at any time and at my pleasure, and shall not under any circumstances be construed as an assignment to the Union of any interest in pay, partial or otherwise, . . . .

(Emphasis supplied)

An arbitration award was entered on June 6, 1976, which was applicable in August 1978, contained the following provision.

The City of Philadelphia agrees to deduct dues and initiation fee of Local 22 from the pay of those fire fighters who individually request in writing that such

[ 316 Pa. Super. Page 233]

    deductions be made. The amounts to be deducted shall be certified with the City of Philadelphia, by Local 22, and the aggregate deductions of all fire fighters shall be remitted together with an itemized statement to Local 22 by the last day of the succeeding month, after such deductions are made. This authorization shall be irrevocable by the fire fighter during the term of this Award, except that it may be revoked, in writing, during a period of fifteen (15) days prior to the expiration of such Award, and, provided further, that ...


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