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COUNCIL 13, EX REL. FILLMAN v. RENDELL

No. 60 MAP 2008, No. 66 MAP 2008.

986 A.2d 63 (2009)

COUNCIL 13, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO by its Trustee Ad Litem, David R. FILLMAN; and Richard Conway; Samuel Deitch; Randy Lash; Robenna Mitchell; and Pennsylvania Social Services Union, Local 688 of the Service Employees International Union, by its Trustee Ad Litem, Kathy Jellison and Federation of State Cultural and Educational Professionals, AFT, Local 2382, by its Trustee Ad Litem, Stephen Fisher, Appellants v. Commonwealth of Pennsylvania; The Honorable Edward G. RENDELL, Governor of the Commonwealth of Pennsylvania; Naomi Wyatt, Secretary of Administration; Mary A. Soderberg, Secretary of Budget; and Robin L. Wiessmann, Treasurer of the Commonwealth of Pennsylvania, Appellees Council 13, American Federation of State, County And Municipal Employees, AFL-CIO by its Trustee Ad Litem, David R. Fillman; and Richard Conway; Samuel Deitch; Randy Lash; Robenna Mitchell; and Pennsylvania Social Services Union, Local 688 of the Service Employees International Union, by its Trustee Ad Litem, Kathy Jellison and Federation of State Cultural and Educational Professionals, AFT, Local 2382, by its Trustee Ad Litem, Stephen Fisher v. Commonwealth of Pennsylvania; The Honorable Edward G. Rendell, Governor of the Commonwealth of Pennsylvania; Naomi Wyatt, Secretary of Administration; Mary Soderberg, Secretary of Budget; and Robin L. Wiessmann, Treasurer of the Commonwealth of Pennsylvania. Cross Appeal of Commonwealth of Pennsylvania, The Honorable Edward G. Rendell, Governor of the Commonwealth of Pennsylvania; Naomi Wyatt, Secretary of Administration; Mary A. Soderberg, Secretary of Budget.

Supreme Court of Pennsylvania.

Decided December 28, 2009.

Attorney(s) appearing for the Case

Thomas W. Corbett, for Commonwealth of Pennsylvania.

Frank A. Fisher, Jr., PA Office of Administration, Linda Cadden Barrett, PA Office of General Counsel, Gregory Eugene Dunlap, PA Governor's Office of General Counsel, for Hon. Rendell, Governor, Naomi Wyatt, Mary Soderberg.

Brian D. Zweiacher, PA Governor's Office of General Counsel, for Michael Masch.

Leonidas Pandeladis, Gerald Stuart Smith, PA Treasury Department, for Rob McCord.

Amy Louise Rosenberger, Bruce Michael Ludwig, John R. Bielski, Alaine S. Williams, Willig, Williams & Davidson, Philadelphia, for Council 13, American Federation of State, City & Municipal Employees, AFL-CIO, Pennsylvania Social Services Union, Local 688 of the Service Employees International Union, Federation of State Cultural and Educational Professionals, AFT, Local 2382.

Joshua David Funk for Amicus Curiae Senators Jeffrey Piccola, John Gordner & Jane Earll.

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

OPINION

Chief Justice CASTILLE.

We consider here whether the Commonwealth Court correctly declared that Article III, Section 24 of the Pennsylvania Constitution ("Section 24"), PA. CONST. art. III, § 24, is not preempted by the Fair Labor Standards Act of 1938 ("FLSA" or "Act"),1 and that accordingly, Section 24 prohibits the Governor of the Commonwealth from paying...

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