Appeal from the Order of the Court of Common Pleas of Allegheny County, in case of County of Allegheny v. Allegheny County Police Association and Thomas Boyle, Trustee Ad Litem, No. SA 444 of 1983.
Ronald P. Koerner, Gatz, Cohen, Segal and Koerner, for appellants.
Thomas H. M. Hough, Assistant County Solicitor, with him, James J. Dodaro, County Solicitor, for appellee.
Judges MacPhail and Doyle, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Judge Doyle.
[ 100 Pa. Commw. Page 328]
This is an appeal by the Allegheny County Police Association (Association) from an order of the Court of Common Pleas of Allegheny County setting aside an arbitrator's award which award had sustained the Association's grievance that the County of Allegheny (County) had violated its agreement with the Association by failing to pay a minimum of four hours pay at overtime rates to employees required to make court appearances at times outside their regularly scheduled shifts.
This dispute arises over the interpretation of the provisions of a collective bargaining agreement entered into for the period from July 1, 1981 to December 31, 1983 pursuant to the Act of June 24, 1968, P.L. 237, as amended, (Act 111) 43 P.S. §§ 217.1-217.10. Article XVII of this agreement, which is the subject of this litigation, reads in pertinent part as follows:
1. For the purposes of this Article, Court Appearances shall include any and all appearances before courts of record, district justices, magistrates, governmental agencies having subpoena power and meetings with the district attorney or an assistant district attorney where the police employee's attendance is required as a result of and arising out of the performance of his duties as a police employee.
[ 100 Pa. Commw. Page 3292]
. Police employees shall be reimbursed for parking and other expenses directly related to attending court.
3. In the event a police employee is required to make a court appearance on a regularly scheduled work day, he shall be compensated for his appearance in the same manner as he is compensated for the performance of any other police duty except for the reimbursement of expenses set forth in paragraph 2, above, and for any overtime associated with said court appearance for which he would be compensated in the manner set forth in this Article.
5. For the purpose of this Article, overtime for court appearances shall be deemed generated when a police employee is required, as the result of a court appearance, to work more than eight hours in any day or in excess of forty hours in any week, or is required to make a court appearance during his vacation or during time off between shifts. When a police employee is called back to duty to make a court ...