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APPEAL OF: ELLWOOD CITY POLICE WAGE AND POLICY UNIT BOROUGH OF ELLWOOD CITY
Jump to full article: Pennsylvania's Unified Judicial System, 2010-07-21
Intro: ARGUED: March 2, 2009
No. 45 WAP 2008
Appeal from the Order of the
Commonwealth Court entered January 4,
2008 at No. 473 CD 2007, reversing the
Order of the Pennsylvania Labor Relations
Board entered February 20, 2007 at No.
PF-C-06-116-W
ARGUED: March 2, 2009
CONCURRING OPINION
MR. JUSTICE McCAFFERY
DECIDED: JULY 21, 2010 . . .
Now, in this case, the Commonwealth Court and this Court have devoted their
considerable resources and attention to figure out whether general smokeless tobacco
usage and limited smoking by police officers is an issue subject to collective bargaining or
whether it resides in the amorphous gelatin of “managerial prerogatives.” I believe I rest on
solid ground in opining that such judicial review is not exactly what the General Assembly
had in mind when it enacted Act 111. Rather, in my opinion, it is beyond peradventure that
issues such as the one in the instant case begin with the collective bargaining process and
should end with the arbitrator’s decision. “No appeal therefrom shall be allowed to any
court.” 43 P.S. § 217.7. Thus, I believe that the majority’s perception of a broad
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