SHARON v. ROSE OF SHARON LODGE NO. 3.

No. 814 C.D. 1973.

11 Pa.Commw. 277 (1973)

City of Sharon; Basil C. Scott, Mayor; Thomas S. Bailey; John H. Evans; Everett B. Ogden; Maurice P. Keaveny; Harold E. Bell, Members of the Council of the City of Sharon, Appellants, v. Rose of Sharon Lodge No. 3, Fraternal Order of Police, by Gerald E. Saul, President, and Bernard A. Sigler, Secretary, Trustees Ad Litem, and in Their Own Right, Appellees.

Commonwealth Court of Pennsylvania.

December 20, 1973.


Attorney(s) appearing for the Case

John J. Regule, City Solicitor, for appellants.

Francis J. Fornell, for appellees.

Argued November 8, 1973, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.


OPINION BY JUDGE WILKINSON, December 20, 1973:

On March 24, 1971, the City of Sharon, a third class city, enacted Ordinance 4-71 which required all present employees of the City Police Department, Fire Department, and Department of Public Works to take and pass a physical examination administered by the city's physician as a "condition for continued employment." The ordinance further provided that refusal to take such examination shall be reason for a ten-day suspension...

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