FIRE F., L. U., NO. 1 v. C.S.C., CITY OF PGH.

No. 2802 C.D. 1987.

118 Pa.Commw. 498 (1988)

545 A.2d 487

Fire Fighters, Local Union, No. 1, Appellant v. Civil Service Commission of City of Pittsburgh, Appellee.

Commonwealth Court of Pennsylvania.

August 11, 1988.


Attorney(s) appearing for the Case

Stanford A. Segal, with him, Michael J. Colarusso, Gatz, Cohen, Segal & Koerner, for appellant.

Joseph F. Quinn, Assistant City Solicitor, with him, D. R. Pellegrini, City Solicitor, for appellee.

Argued May 24, 1988, before Judges CRAIG, DOYLE and PALLADINO, sitting as a panel of three.


OPINION BY JUDGE CRAIG, August 11, 1988:

May Pittsburgh, as a home-rule city, lawfully avoid applying a civil service statute's competitive selection provisions to two new "assistant" positions in charge of fire suppression and prevention directly under the fire bureau's chief, when that statute has provided that:

All positions in bureaus of fire, except as here and after [sic] provided, ... in cities of second class, shall be in the competitive class of...

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