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BUILDING OWNERS v. CITY OF PITTSBURGH

No. 41 & 42 WAP 2008

985 A.2d 711 (2009)

BUILDING OWNERS AND MANAGERS ASSOCIATION OF PITTSBURGH, CB Richard Ellis/Pittsburgh L.P., Winthrop Management, L.P., 110 Gulf Associates, L.P., Frick Lenders Associates, L.P. v. CITY OF PITTSBURGH and Council of the City of Pittsburgh, Service Employees International Union, Local 3, and the Service Employees International Union, CLC. Appeal of: Service Employees International Union Local 3 and Service Employees International Union, CLC.

Supreme Court of Pennsylvania.

Decided December 28, 2009.

Attorney(s) appearing for the Case

Michael James Healey, Glen Stephen Downey, Healey & Hornack, P.C., Pittsburgh, for Service Employees International Union Local 3 & Service Employees International Union CLC.

George R. Specter, City of Pittsburg Law Department, Pittsburgh, for City of Pittsburgh and Pittsburgh City Council.

David Furer Toal, Toal Law Firm, P.C., for Winthrop Management and Building Owners and Managers Association.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, GREENSPAN, JJ.

OPINION

Justice GREENSPAN.

This Court granted allocatur in order to determine whether the City of Pittsburgh exceeded its authority as a home rule municipality when it passed an ordinance requiring employers with new service contracts to keep the employees of the prior contractor for at least 180 days. For the reasons that follow, we hold that the City of Pittsburgh exceeded its power and violated the Home Rule Charter and Optional Plans Law, 53 Pa...

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