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BOROUGH DUNMORE v. DUNMORE POLICE DEPARTMENT AND DUNMORE POLICE ASSOCIATION (06/05/87)

decided: June 5, 1987.

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.

Judges MacPhail and Palladino, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Judge Palladino.

Author: Palladino

[ 106 Pa. Commw. Page 462]

This is an appeal by the Borough of Dunmore (Dunmore) from an Order of the Court of Common Pleas of Lackawanna County (trial court) confirming that portion of an arbitration award directing reinstatement of the police work schedule in effect prior to June 1, 1980 and resubmitting the damages portion of the award to the arbitrator for clarification and the award of interest. For the reasons which follow, we affirm in part and reverse in part.

In spring of 1980, the Mayor of Dunmore introduced new work schedules for the police department which became effective June 1, 1980. On June 2, 1980, the Dunmore Police Department and the Dunmore Police Association (Appellees) filed an unfair labor practice charge with the Pennsylvania Labor Relations Board alleging a violation of Article IX of the 1977 Collective Bargaining Agreement between the parties which stated:

[ 106 Pa. Commw. Page 463]

"The work week shall remain as presently scheduled." At a pre-hearing conference before a hearing examiner, the parties entered into a stipulation which provided for dismissal of the unfair labor practice charge and selection of an arbitrator from the American Arbitration Association to hear the controversy. The stipulation provided in part: "1. the pending grievance filed by the Dunmore Police Association concerning scheduling changes made by the Borough of Dunmore on June 1, 1980, shall be immediately submitted to arbitration under the provisions [of the] Collective Bargaining Agreement in effect between the parties."*fn1

The grievance hearing was held on November 24, 1980 and the decision and arbitration award was issued on December 23, 1980. The Arbitration Award held that Dunmore violated the Collective Bargaining Agreement by unilaterally modifying the work schedule and ordered: 1. that the work schedule in effect prior to June 1, 1980 be reinstated, and 2. provided for compensation at straight time rates for any additional days worked between June and December of 1980 as a result of the new schedule.

Dunmore timely appealed the arbitration award to the trial court which, on March 17, 1982, dismissed the appeal. This court affirmed the trial court's decision on November 2, 1983 and, on May 11, 1984, the Supreme Court of Pennsylvania denied allocatur.

[ 106 Pa. Commw. Page 464]

Thereafter, Appellees filed a Petition to Enforce and Confirm the Arbitration Award pursuant to the provisions of the Uniform Arbitration Act (1980 Act), 42 Pa. C.S. ยง 7313. On April 30, 1985, the trial court confirmed and enforced that portion of the arbitration award which directs the reinstatement of Appellees' work schedule in effect prior to June 1, 1980. The trial court further ordered ...


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