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FRATERNAL ORDER, ETC. v. HICKEY

499 Pa. 194 (1982)

452 A.2d 1005

FRATERNAL ORDER OF POLICE, E.B. JERMYN LODGE # 2, by Thomas P. TOLAN, Jr., President, Trustee ad Litem, Appellant, v. Eugene F. HICKEY, Mayor of the City of Scranton; James McDonnell, Director of Public Safety; Richard Rossi, Jack T. Harte, James A. Doherty, Michael Melnick, Paul Catalano, Councilmen of the City of Scranton; Joseph Corcoran, Controller of the City of Scranton; Eugene Cosgrove, Treasurer of the City of Scranton; and the City of Scranton, Pennsylvania.

Supreme Court of Pennsylvania.

Decided December 7, 1982.

Attorney(s) appearing for the Case

Anthony P. Moses, Wilkes Barre, for appellant.

John J. Brazil, Ralph J. Iori, Jr., Asst. City Sols., for appellee.

Before O'BRIEN, C.J., and ROBERTS, NIX, LARSEN, FLAHERTY, McDERMOTT and HUTCHINSON, JJ.

OPINION

NIX, Justice.

In this appeal, the underlying facts and the chronology of events are not in dispute. The legal question raised for our consideration is whether a provision in the collective bargaining agreement between the City of Scranton (City) and the members of its Police Department is enforceable. We hold that this provision, that was voluntarily agreed to by the City during the bargaining process, cannot now be objected to by the City or its...

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