DEL. CTY. v. COUNTY PRISON EMPLOYEES UN.


552 Pa. 184 (1998)

713 A.2d 1135

DELAWARE COUNTY, Pennsylvania; the Delaware County Council; Ward T. Williams, Paul G. Mattus, Thomas H. Killion, Wallace H. Nunn, and John J. McFadden, in their Capacity as Members of the Delaware County Council; the Delaware County Board of Prison Inspectors; and Charles Sexton, William Kelly, Elizabeth Signor, Ward Williams, and John McKenna, in their Capacity as Members of the Delaware County Board of Prison Inspectors and Wackenhut Corrections Corporation v. DELAWARE COUNTY PRISON EMPLOYEES INDEPENDENT UNION, Robert Pizzi, President, Delaware County Prison Employees Independent Union, in His Official Capacity and as a Taxpayer; and Michael Pelleritti, Secretary, Delaware County Prison Employees Independent Union, in His Official Capacity and as a Taxpayer. Appeal of DELAWARE COUNTY, Pennsylvania, Delaware County Council, Ward T. Williams, Paul G. Mattus, Thomas H. Killion, Wallace H. Nunn, John J. McFadden, Delaware County Board of Prison Inspectors, Charles Sexton, Jr., William Kelly, Elizabeth Signor and John McKenna. DELAWARE COUNTY, Pennsylvania; the Delaware County Council; Ward T. Williams, Paul G. Mattus, Thomas H. Killion, Wallace H. Nunn, and John J. McFadden, in their Capacity as Members of the Delaware County Council; the Delaware County Board of Prison Inspectors; and Charles Sexton, William Kelly, Elizabeth Signor, Ward Williams, and John McKenna, in their Capacity as Members of the Delaware County Board of Prison Inspectors and Wackenhut Corrections Corporation v. DELAWARE COUNTY PRISON EMPLOYEES INDEPENDENT UNION, Robert Pizzi, President, Delaware County Prison Employees Independent Union, in His Official Capacity and as a Taxpayer; and Michael Pelleritti, Secretary, Delaware County Prison Employees Independent Union, in His Official Capacity and as a Taxpayer. Appeal of WACKENHUT CORRECTIONS CORPORATION.

Supreme Court of Pennsylvania.

Decided July 2, 1998.


Attorney(s) appearing for the Case

Robert M. DiOrio, Media, Robert F. Stewart, Jr., Philadelphia, for Del. Co. Bd. of Prison Insp., et al.

Richard P. McElroy, Bruce W. Kauffman, Michael J. Hanlon, Philadelphia, for Delaware County, Penn.

Ralph J. Teti, Wayne Wynn, Philadelphia, for Delaware County Prison, et al.

Richard H. Glanton, Christopher Walters, Sean M. Halpin, Philadelphia, for Wakenhut Corrections Corp.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO and NEWMAN, JJ.


OPINION ANNOUNCING JUDGMENT OF THE COURT

FLAHERTY, Chief Justice.

This is an appeal by allowance from an order of the Commonwealth Court which reversed an order of the Court of Common Pleas of Delaware County and reinstated an arbitrator's award prohibiting Delaware County from "privatizing," i.e., fully subcontracting, the operation of a prison facility. The factual background of the case is as follows.

In July of 1995, the Delaware County...

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