Department of Corrections & Department of Public Welfare v. Pennsylvania State Corrections Officers Ass'n

DISSENTING OPINION BY

Judge PELLEGRINI.

When it enacted Section 805 of the Public Employees Relation Act (Act 195),1 the General Assembly explicitly provided that an interest arbitration award would be “final and binding” unless it would require a “legislative enactment” to implement. The majority holds that payment of employee expenses is not a term of employment subject to collective bargaining, but that same executive members of the administration negotiating with the collective bargaining agent for the corrections officers *372can, by instigating a regulation authorized by the Administrative…