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JOSEPH SYNOSKI v. HAZLE TOWNSHIP (11/26/85)

decided: November 26, 1985.

JOSEPH SYNOSKI, ANGELO SPADELL AND JOSEPH BELUSKO, APPELLANTS
v.
HAZLE TOWNSHIP, APPELLEE



Appeal from the Order of the Court of Common Pleas of Luzerne County in the case of Joseph Synoski, Angelo Spadell and Joseph Belusko v. Hazle Township, No. 1455-C of 1984.

COUNSEL

Pasco L. Schiavo, for appellants.

Anthony J. Lucadamo, with him, Anthony J. Dixon, for appellee.

Judges Colins and Palladino, and Senior Judge Kalish, sitting as a panel of three. Opinion by Judge Colins.

Author: Colins

[ 93 Pa. Commw. Page 169]

Joseph Synoski, Angelo Spadell, and Joseph Belusko (appellants) appeal from an order of the Court of Common Pleas of Luzerne County raising their hourly wage as roadmasters of Hazle Township from Six Dollars and Fifty Cents ($6.50) to Seven Dollars and Five Cents ($7.05). On appeal, it is contended that the court below erred in not raising appellants' salaries higher.

Appellants are supervisors of Hazle Township elected under the provisions of the Second Class Township Code (Code)*fn1 for staggered six-year terms.*fn2

[ 93 Pa. Commw. Page 170]

As supervisors, they are empowered under Section 516(e) of the Code to

Employ or hire such persons as may be necessary for the general conduct of the business of the township, and provide for the organization and supervision of the persons so employed, and work on the roads themselves when so directed to do so by the board of supervisors.

Section 516(e), 53 P.S. § 65516(e). Using this authority, appellants had entered into collective bargaining agreements with a crew of workmen, agreeing to pay foremen Seven Dollars and Ninety-five Cents ($7.95) per hour, and laborers Seven Dollars and Five Cents ($7.05) per hour. Appellants then appointed themselves to supervise and work alongside the contracted workmen as roadmasters.

The appellants' salaries as roadmasters were required to be set by the Township Auditors as per Section 515 of the Code, 53 P.S. § 65515. The auditors set the salaries at Six Dollars and Fifty Cents ($6.50) per hour. Appellants disputed and properly appealed the 1983-84 report of the auditors*fn3 using the procedure outlined in Section 553 of the Code, 53 P.S. § 65553. The court below granted partial relief and now the matter is before us for resolution.

Appellants argue that because the union foremen on the road work sites receive Seven Dollars and Ninety-five Cents ($7.95) per hour, and because appellants' own roadmaster salaries in 1983 and 1982 ...


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