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BOROUGH OF ELLWOOD CITY v. PA. LABOR RELATIONS

No. 44 WAP 2008, No. 45 WAP 2008.

998 A.2d 589 (2010)

BOROUGH OF ELLWOOD CITY v. PENNSYLVANIA LABOR RELATIONS BOARD. Appeal of Ellwood City Police Wage and Policy Unit. Borough of Ellwood City, Appellee v. Pennsylvania Labor Relations Board, Appellant.

Supreme Court of Pennsylvania.

Decided July 21, 2010.

Attorney(s) appearing for the Case

Samuel Border Ickes, John Best Neurohr, PA Labor Relations Board, for Pennsylvania Labor Relations Board.

Edward Leymarie Jr., Cusick, Leymarie, DeCaro & Long, P.C., for Borough of Ellwood City.

Christopher Joseph Cimballa, Eric Carl Stoltenberg, Lightman Welby Stoltenberg & Caputo, Harrisburg, for Ellwood City Police Wage and Policy Unit.

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

OPINION

Justice TODD.

In this appeal by allowance, we consider, inter alia, whether a municipal employer must bargain with its police labor organization over a ban on the use of tobacco products in the workplace and in the employer's vehicles and equipment. For the reasons that follow, we conclude, pursuant to the mandates of the Pennsylvania Labor Relations Act ("PLRA")1 and the Collective Bargaining by Policemen...

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