City of Lower Burrell v. City of Lower Burrell Wage & Policy Committee

DISSENTING OPINION BY

Judge SMITH-RIBNER.

I respectfully dissent from the majority’s conclusion that this Court must affirm the decision of the Court of Common Pleas of Westmoreland County that declined to set aside an arbitrator’s award that required the City of Lower Burrell (City) to calculate a retiring police officer’s pension benefit in a manner that violates the twin provisions of the City’s ordinance and of the applicable statute. In my view the reasoning of the Court in the factually very similar case of Czekanski v. Ford City Borough, 148 Pa.Cmwlth. 417, 611 A.2d 791 (Pa.Cmwlth.1992),…