City of Sharon v. Rose of Sharon Lodge No. 3

Opinion by

Judge Wilkinson,

On March 24, 1971, the City of Sharon, a third class city, enacted Ordinance 4-71 which required all present employees of the City Police Department, Fire Department, and Department of Public Works to take and pass a physical examination administered by the city’s physician as a “condition for continued employment.” The ordinance further provided that refusal to take such examination shall be reason for a ten-day suspension and continued refusal shall be reason for discharge.1

Prior to the enactment of Ordinance 4-71, an Arbitration Agreement had been entered into by…