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KEITH GUTHRIE v. BOROUGH WILKINSBURG (10/04/85)

decided: October 4, 1985.

KEITH GUTHRIE, BERNARD MCKENNA, PAUL MILLER, HENRY RIEBOLD, JOSEPH SAUNDERS, DAVID SHOOK, PAUL VAN GEIS AND FRANK WEBER, APPELLANTS,
v.
BOROUGH OF WILKINSBURG, DR. JOHN G. WILKINS, MAYOR, KARL R. NEWMAN, MARY A. REICH, WALTER S. BYRNES, GEORGE M. HOFFMAN, JOHN J. JOYCE, J. GARY LEWIS, ALEX B. MAIN, JOHN D. PHARR, JR. AND EDITH M. WASHINGTON, MEMBERS OF COUNCIL, APPELLEES



Appeal from the Order Entered March 13, 1984 in the Commonwealth Court of Pennsylvania at No. 2042 C.D. 1982 affirming the Order of the Court of Common Pleas of Allegheny County, Pennsylvania, Civil Division, at No. GD 78-13954 dated July 22, 1982. Nix, C.j., and Larsen,*fn* Flaherty, McDermott, Hutchinson, Zappala and Papadakos, JJ. Hutchinson, J., filed a concurring opinion.

Author: Larsen

[ 508 Pa. Page 592]

OPINION OF THE COURT

In 1977-78, police officers employed by the Borough of Wilkinsburg (the Borough) entered into negotiations with representatives of their employer in an attempt to reach a collective bargaining agreement pursuant to "Act 111", Act

[ 508 Pa. Page 593]

    of June 24, 1968, P.L. 237, No. 111, as amended, 43 P.S. ยงยง 217.1-217.10 (Supp. 1984-85), which authorizes collective bargaining between political subdivisions and their policemen and firemen and provides for final, binding arbitration in the event of an impasse in negotiations. An arbitration panel was convened in order to resolve the impasse that arose in the instant case and, on March 4, 1978, the arbitrators entered an award which included the following provisions for compensation:

AWARD

1. All of the terms and conditions of the 1976-1977 Agreement between the parties, except as changed or modified by this Award will remain in full force and effect.

4. Salary

For the calendar year 1978, the annual salary for Police officers in the Borough of Wilkinsburg shall be calculated and paid according to the following schedule:

RANK [SALARY]

CHIEF OF POLICE

DETECTIVE LIEUTENANT

LIEUTENANT

SERGEANT

DETECTIVE

REGULAR PATROLMAN

PATROLMAN -- [LEVEL SIX THROUGH THREE - these var-

     ious levels of PATROLMAN were based solely upon length of

     service with the Wilkinsburg Police Department]

PROVISIONARY PATROLMAN -- [LEVELS ...


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