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PCOA v. RENDELL

558 Pa. 229 (1999)

736 A.2d 573

PHILADELPHIA FRATERNAL ORDER OF CORRECTIONAL OFFICERS, Lorenzo North, Barbara Sturgis, Preston Corley, Melvin Carr, Cheryl Glenn, Dominique Mackey, David Weaver, William Dougherty, Appellants, v. Edward G. RENDELL, City of Philadelphia, Tom Ridge, Commonwealth of Pennsylvania, L. Dennis Martire, John Markle, Jr. and Edward Feehan, PLRB, Appellees. AFSCME District Council 33, Intervenor.

Supreme Court of Pennsylvania.

Decided July 23, 1999.

Attorney(s) appearing for the Case

Bernard N. Katz, Michael N. Katz, Steven David Masters, Philadelphia, for Phil-FOCO, et al.

James Crawford, John B. Neurohr, Harrisburg, for PLRB.

Mark J. Foley, Anne Barden, Philadelphia, for City of Philadelphia.

Samuel L. Spear, Philadelphia, for AFSCME District Council 33.

John O.J. Shellenberger, Philadelphia, for Commonwealth of Pennsylvania.

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

OPINION OF THE COURT

CASTILLE, Justice.

Appellants challenge the constitutionality of a City of Philadelphia ordinance which authorizes the City to recognize only intervenor AFSCME District Council 33 as the exclusive collective bargaining representative for the City's correctional officers. This Court granted review to determine if the municipal ordinance violates appellants' rights either to free speech and association or equal protection under...

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