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COMMONWEALTH PENNSYLVANIA v. STATE CONFERENCE STATE POLICE LODGES FRATERNAL ORDER POLICE (03/22/85)

decided: March 22, 1985.

COMMONWEALTH OF PENNSYLVANIA, PETITIONER
v.
STATE CONFERENCE OF STATE POLICE LODGES OF THE FRATERNAL ORDER OF POLICE, BY ITS TRUSTEE AD LITEM, JOHN LONG, PRESIDENT



Appeal from the Award of Arbitrator in case of Commonwealth of Pennsylvania v. Fraternal Order of Police, Act III, Arbitration Award, 1983.

COUNSEL

Robert J. Schwartz, Assistant Counsel, with him, John D. Raup, Chief Counsel, for petitioner.

Anthony C. Busillo, II, with him, Gary M. Lightman, Mancke, Lightman and Wagner, for respondent.

Alaine S. Williams, Kirschner, Walters, Willig, Weinberg & Dempsey, for Amicus Curiae.

Judges Rogers, MacPhail and Doyle, sitting as a panel of three. Opinion by Judge MacPhail. Judge Rogers dissents. Judge Williams, Jr., did not participate in the decision in this case.

Author: Macphail

[ 88 Pa. Commw. Page 357]

The Commonwealth appeals here from an arbitration award made pursuant to the Act of June 24, 1968

[ 88 Pa. Commw. Page 358]

(Act 111), P.L. 237, 43 P.S. ยงยง 217.1-217.10. The parties to the arbitration proceeding were the Commonwealth, as public employer, and the State Conference of State Police Lodges of the Fraternal Order of Police (FOP), as exclusive representative uniformed State Police employees for purposes of Act 111.

That portion of the award which is here at issue states

6. F.O.P. Demand: Amend Article 5, Assessments, to provide for an agency shop.

6. Commonwealth Demand: No change

Award: The demand of the F.O.P. is granted. The following language shall be added to the ...


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