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OFFICE OF ADMIN. v. STATE EMPL. RET. BD.

No. 77 MAP 2016.

180 A.3d 740 (2018)

OFFICE OF ADMINISTRATION AND PENNSYLVANIA STATE POLICE, Appellants v. STATE EMPLOYEES' RETIREMENT BOARD, Bruce A. Edwards, Joseph R. Kovel, Joseph E. Sarkis, PA State Troopers Association, Appellees.

Supreme Court of Pennsylvania.

Decided: March 16, 2018.

Attorney(s) appearing for the Case

Gary M. Lightman, Esq. , Sean Thomas Welby, Esq. , Lightman Welby & Stoltenberg, LLC, for Bruce A. Edwards, Joseph R. Koval, Joseph E. Sarkis and PA State Troopers Association, Intervenor.

Lisa K. Essman, Esq. , Jullia Ann Sheridan, Esq. , PA Office of Administration, for Office of Administration and Pennsylvania State Police, Appellant.

Salvatore Anthony Darigo Jr., Esq. , State Employees' Retirement Board, Nicholas Joseph Marcucci, Esq. , PA State Employees' Retirement System, Joshua D. Shapiro, Esq. , Office of Attorney General, for State Employees' Retirement Board, Appellee.

SAYLOR, C.J., BAER, TODD, DONOHUE, DOUGHERTY, WECHT, MUNDY, JJ.

OPINION

Section 5302(b)(2) of the State Employees' Retirement Code, 71 Pa C.S. §§ 5101-5956 ("Retirement Code"), requires a public employer to permit an employee to take leave to serve as a fulltime officer of a statewide employee organization (a union). 71 Pa.C.S. § 5302(b)(2). While...

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