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CITY OF AURORA v. AURORA FIREFIGHTERS' PROT.

No. 27227.

566 P.2d 1356 (1977)

CITY OF AURORA, Colorado, a Municipal Corporation, Petitioner-Appellee, v. AURORA FIREFIGHTERS' PROTECTIVE ASSOCIATION, a non-profit Colorado Corporation, Samuel J. Dilley, President, Aurora Firefighters' Protective Association, J. Richard McGovern, Vice-President, Aurora Firefighters' Protective Association, and Clifford E. Kenney, Treasurer, Aurora Firefighters' Protective Association, Frank T. Bruner, Jr., Acting Fire Chief of the City of Aurora, Colorado, Samuel J. Dilley, Melvin W. Morley, and J. Richard McGovern, Individually and as representatives of the class of all of the Individuals signing petitions requesting an election to add a new Article XIV to the Charter of the City of Aurora, Colorado, and George B. Ackman, Joseph R. Conacci, Jr., and Eli H. Gehman, Individually and as representatives of a class of members of the Aurora Fire Department who are not members of the Aurora Firefighters' Protective Association, and the State of Colorado, Respondents-Appellants.

Supreme Court of Colorado, En Banc.

August 2, 1977.

Attorney(s) appearing for the Case

Leland M. Coulter, Richard Kaufman, Louise L. Edmonds, Aurora, for petitioner-appellee.

Douglas R. Phillips, Denver, for respondents-appellants Aurora Firefighters' Protective Association.

J. D. MacFarlane, Atty. Gen., Jean E. Dubofsky, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Deborah L. Bianco, Asst. Atty. Gen., Denver, for respondent-appellant The State of Colorado.

Geer & Goodwin, Denver, for amicus curiae Denver Firefighters Local 858.

Walter C. Brauer, III, Mark N. Simons, Thomas B. Buescher, Denver, for amici curiae, Colo. Prof. Fire Fighters, Denver Police Protective Ass'n. and Colo. Labor Council, AFL-CIO.

GROVES, Justice.

There is here involved Article XIV of the Charter of the city of Aurora, a Home Rule city. Article XIV was adopted by a majority vote of the qualified electors of the city on November 5, 1974.1 It grants to the members of the Aurora Fire Department the rights to bargain collectively and to have unresolved issues submitted to arbitration. Most of the arguments presented to the trial court and here have been resolved by...

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