March 2010

Can You Remove Your Code Enforcement Officers From the Union?

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* In this economy, public employers should take care to ensure that they are not surrendering managerial authority unnecessarily.  One area where Boroughs and other municipalities often do this is with respect to code enforcement personnel. 

May 2009

High Court Holds Age Discrimination Claims May be Subject to Binding Arbitration

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* On April 1, 2009, the U.S. Supreme Court issued its decision in 14 Penn Plaza LLC, et al. v. Pyett, et al., 129 S.Ct. 1456 (2009), ultimately holding that a clearly and unequivocally drafted arbitration clause in a collective bargaining agreement may mandate binding arbitration of discrimination claims pursuant to the Age Discrimination in Employment Act (ADEA). 

May 2009

COURT REVERSES ARBITRATOR’S DECISION THAT ALLOWED OFFICER’S LUMP SUM FOR UNUSED VACATION TO BE INCLUDED IN PENSION CALCULATION

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* In Shippensburg Police Association v. Borough of Shippensburg, 968 A.2d 246 (Pa. Commw. 2009), the Commonwealth Court reviewed an arbitrator’s award that required the inclusion of unused vacation time (lump sum) in calculating a police officer’s pension benefit.   

March/April 2009

October, 2005
SECOND CLASS TOWNSHIP LACKS AUTHORITY TO PROVIDE HEALTH INSURANCE TO RETIRED EMPLOYEES
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* In White Deer Township v. Napp, 874 A.2d 1258 (Pa. Commw. 2005), the Commonwealth Court held that the Board of Supervisors of a Second Class Township exceeded its authority when it adopted a resolution providing post-retirement health benefits to employees with more than twenty years of service.  The case was brought on behalf of White Deer Township because a former Board of Supervisors had adopted a resolution that White Deer Township would begin providing post-retirement health benefits to employees.  (All of the elected Supervisors had also been employees). 

 October, 2005
COUNTY COMMISSINERS CANNOT IMPLEMENT PAY INCREASE WITHOUT APPROVAL OF SALARY BOARD
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* In Luzerne County Board of Commissioners v. Flood, (Controller of Luzerne County), 874 A.2d 687 (Pa. Commw. 2005), the Commonwealth Court reversed a trial court’s determination that the Luzerne County Board of Commissioners had authority to increase the pay of county employees without approval of the Salary Board.

January, 2005
RETIREMENT BENEFITS OF POLICE OFFICERS HELD A VALID SUBJECT OF BARGAINING
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* In City of Pittsburgh v. Fraternal Order of Police, Ft. Pitt Lodge No. 1, 850 A.2d 846 (Pa. Commw. 2004), the Pennsylvania Commonwealth Court held, among other things, that retirement benefits embodied in prior collective bargaining agreements can be re-negotiated for police officers who have not yet retired.

January, 2005
TEN WAYS YOU CAN BE TRAPPED IN ACT 111 COLLECTIVE BARGAINING/INTEREST ARBITRATION AND HOW TO AVOID THEM
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* It’s that time of year again – time to gear up for the next round of bargaining. Before you find yourself at the table, it’s appropriate to plan your strategy and, in doing so, plan to avoid some of the pitfalls along the way. Bargaining will be a success if traps in bargaining set either by the other side or your own side are avoided or countered successfully. Success in bargaining requires realism as to achievable collective bargaining goals, knowledge of the applicable law, familiarity with patterns of settlement and what is common in collective bargaining agreements, and patience. It is not possible to mimic the private sector because the options available in the public sector are significantly limited compared to the private sector, especially under Act 111 of 1968. This article will focus mostly on bargaining under Act 111 because that is the most challenging and the requests we receive for assistance usually relate to Police and Fire bargaining.