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BOROUGH DUNMORE v. DUNMORE POLICE DEPARTMENT AND DUNMORE POLICE ASSOCIATION (11/02/83)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: November 2, 1983.

BOROUGH OF DUNMORE, APPELLANT
v.
DUNMORE POLICE DEPARTMENT AND DUNMORE POLICE ASSOCIATION, APPELLEES

Appeal from the Order of the Court of Common Pleas of Lackawanna County in case of Borough of Dunmore v. Dunmore Police Department and Dunmore Police Association, No. 81 Civil, 414.

COUNSEL

Lawrence A. Durkin, Tellie, Durkin, Weinberger, Murphy & Piazza, P.C., for appellant.

Robert H. Sayers, for appellees.

President Judge Crumlish, Jr. and Judges Doyle and Barbieri, sitting as a panel of three. Opinion by President Judge Crumlish, Jr.

Author: Crumlish

[ 78 Pa. Commw. Page 166]

Dunmore Borough appeals a Lackawanna County Common Pleas Court order dismissing its appeal of an arbitrator's award. We affirm.

The Mayor of Dunmore instituted a new work schedule for the Police Department, prompting the Police Association to file an unfair labor practice charge with the Pennsylvania Labor Relations Board. The parties subsequently executed a stipulation-agreement providing for dismissal of the charge and for arbitration of the scheduling dispute. The arbitrator found that work scheduling had been the subject of previous collective bargaining agreements whose terms had been continued by an earlier arbitration award. The arbitrator held that the schedule, therefore, could not be changed without negotiation. Dunmore appealed to the common pleas court, arguing that the arbitrator erred in holding that work scheduling was the subject of the previous agreements and

[ 78 Pa. Commw. Page 167]

    was extended by the award. The court rejected this argument and affirmed.

Dunmore now raises the same contention and, following a thorough review of the record and law, we reject it and affirm on the opinion of Judge Walsh at Pa. D. & C.3rd ( ).*fn1

Affirmed.

Order

The Lackawanna County Common Pleas Court order in 81 Civ. 414, dated March 17, 1982, is hereby affirmed.

Disposition

Affirmed.


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