Tolan v. Hickey

Opinion by

Judge Mencer,

A specific clause in the employment contract between the City of Scranton and members of its police force reads as follows: “That, the Chief of Police, and in the event the City shall employ a Commissioner of Police, or Superintendent of Police or some other similar plan, the person who fills the position, must come from the ranks of Scranton Police Department. ’ ’

This clause was agreed upon as of January 1, 1973 as part of a 2-year contract between the parties and was continued in effect through 1978 by binding arbitration awards. In January of 1978, Eugene F. Hickey,…