ALLEGHENY CTY. v. ALLEGHENY CTY., ETC.


476 Pa. 27 (1977)

381 A.2d 849

COUNTY OF ALLEGHENY, Appellee, v. ALLEGHENY COUNTY PRISON EMPLOYEES INDEPENDENT UNION, Appellant.

Supreme Court of Pennsylvania.

Decided December 1, 1977.

Rehearing Denied February 3, 1978.


Attorney(s) appearing for the Case

Frank P.G. Intrieri, Jubelirer, McKay, Pass & Intrieri, Ernest B. Orsatti, Pittsburgh, for appellant.

Stephen A. Zappala, County Sol., Henry W. Ewalt, Sp. Labor Counsel, Pittsburgh, for appellee.

Before JONES, C.J., and EAGEN, O'BRIEN, ROBERTS, POMEROY and MANDERINO, JJ.


OPINION OF THE COURT

POMEROY, Justice.

The question presented by this appeal is whether, in an arbitration of a grievance by public employees under a collective bargaining agreement, an award sustaining the grievance may properly be based on a practice of the parties which had obtained during a period prior to the agreement. Under the facts of this case and in light of the terms of the agreement, which contains no past practice clause nor any mention of...

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