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CONLEY v. JOYCE

482 Pa. 263 (1978)

393 A.2d 654

Frank CONLEY, Joseph Friel and Theodore Pokoy, v. Clare JOYCE, Controller, City of Chester, Thomas McCue, Deputy Director of Accounts and Finance, City of Chester, and Howard MacNeilly, Treasurer, City of Chester, Appellants in No. 347. Frank CONLEY, Joseph Friel and Theodore Pokoy, Appellants in No. 348, v. Clare JOYCE, Controller, City of Chester, Thomas McCue, Deputy Director of Accounts and Finances, City of Chester, and Howard MacNeilly, Treasurer, City of Chester, and John H. Nacrelli, Clement J. McGovern, Jr., Alexander V. Osowski, Leo S. Holmes, and James Sharp, Comprising the Chester City Council.

Supreme Court of Pennsylvania.

Reargument Denied November 22, 1978.

Attorney(s) appearing for the Case

Levy & Levy, Melvin G. Levy, Louis J. Sinatra, Chester, for appellants at No. 347 and appellees at No. 348.

Richard, Brian, DiSanti & Hamilton, Alexander A. DiSanti, Upper Darby, for appellants at No. 348 and appellees at No. 347.

Before EAGEN, C.J., and O'BRIEN, ROBERTS, POMEROY, NIX and LARSEN, JJ.

OPINION OF THE COURT

ROBERTS, Justice.

City of Chester police instituted a complaint in mandamus in the Court of Common Pleas of Delaware County. They seek the City of Chester's compliance with the "overtime" provision of an arbitration award entered by a Board of Arbitration pursuant to Act 111.1 Under the overtime provision, "[e]ach member of the [Chester police] department shall receive time and a half for all time in excess...

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