AFSCME v. COM. OF PA. ET AL.

Nos. 2064 C.D. 1983, 2133 C.D. 1983 and 2160 C.D. 1983.

111 Pa.Commw. 81 (1987)

533 A.2d 785

American Federation of State, County and Municipal Employees, AFL-CIO, by its Trustee Ad Litem, Edward J. Keller, Petitioner v. Commonwealth of Pennsylvania, The Honorable Richard Thornburgh, Governor of the Commonwealth of Pennsylvania; State Employees' Retirement Board: Robert L. Cusma, Executive Director of the State Employees' Retirement Board, and R. Budd Dwyer, Treasurer of the Commonwealth of Pennsylvania, Respondents. Joint Bargaining Committee of the Pennsylvania Social Services Union and Pennsylvania Employment Security Employees' Association, Locals 668 and 675, SEIU, AFL-CIO, by its Trustee Ad Litem, Andrew L. Stern and Harry Beshgetoorian; Pennsylvania Social Services Union, by its Trustee Ad Litem, Andrew L. Stern; Frank Catanese, Individually and on behalf of others similarly situated and Lillian Swartz, individually and on behalf of others similarly situated, Petitioners v. Commonwealth of Pennsylvania, The Honorable Richard Thornburgh, Governor of the Commonwealth of Pennsylvania, et al., Respondents. Dennis J. Solecki and Lea F. Barbush, as individuals, on behalf of themselves and all others similarly situated, Petitioners v. Commonwealth of Pennsylvania, The Honorable Richard Thornburgh, Governor of the Commonwealth of Pennsylvania, et al., Respondents.

Commonwealth Court of Pennsylvania.

November 12, 1987.


Attorney(s) appearing for the Case

Stuart W. Davidson, with him, Lee W. Jackson, Alaine S. Williams, and Richard Kirschner, Kirschner, Walters, Willig, Weinberg & Dempsey, for petitioners, American Federation of State, County and Municipal Employees, AFL-CIO, by its Trustee Ad Litem, Edward J. Keller, and petitioners Dennis J. Solecki and Lea F. Barbush, et al.

Bruce M. Ludwig, Stephen A. Sheller & Associates, for petitioners, joint Bargaining Committee of Pennsylvania Social Services Union, Pennsylvania Employment Security Employees' Association, et al., and petitioners Frank Catanese and Lillian Swartz, et al.

James J. Kutz, Deputy Attorney General, with him, Allen C. Warshaw, Senior Deputy Attorney General, Chief Litigation Section, LeRoy S. Zimmerman, Attorney General, for respondents, Commonwealth of Pennsylvania, The Honorable Richard Thornburgh, Governor of the Commonwealth of Pennsylvania, et al.

Nicholas Joseph Marcucci, Attorney-in-charge, and Andrew H. Cline, Deputy General Counsel, Office of General Counsel, for respondent, State Employees' Retirement Board, et al.

Gary M. Lightman, with him, Anthony C. Busillo, II, Mancke, Lightman & Wagner, for respondents, State Police Lodges of the Fraternal Order of Police.

Argued June 10, 1987, before President Judge CRUMLISH, JR., Judges CRAIG, MacPHAIL, BARRY and COLINS.


OPINION BY PRESIDENT JUDGE CRUMLISH, JR., November 12, 1987:

Petitioners1 and respondent State Employees' Retirement Board (Board) in these three consolidated matters cross-motion for summary judgment on a motion for enforcement of our March 7, 1984 Order in AFSCME v. Commonwealth, 80 Pa.Commw. 611, 472 A.2d 746 (1984), aff'd sub...

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