Philadelphia Fraternal Order of Correctional Officers v. Rendell

KELLEY,

Judge, dissenting.

Because I believe that section 2003 of the *619PERA1 deprives Petitioners of equal protection of the law as guaranteed by Article 1, Sections l2 and 263 of the Pennsylvania Constitution, I would deny the Commonwealth Defendants’ preliminary objection in the nature of a demurrer to Count Two of the Petitioners’ Complaint/Petition, and I would grant the Petitioners’ request for summary relief on this basis. Accordingly, I respectfully dissent.

In outlining the circumstances under which the PERA was enacted by the General Assembly, the Pennsylvania Supreme Court has noted:

Prio…