Fraternal Order of Police, Flood City Lodge No. 86 v. City of Johnstown

DISSENTING OPINION BY

Judge PELLEGRINI.

The only issue before us is whether Section 2962(c)(3) of the Home Rule Charter and Optional Plans Law (Law)1 prohibits an arbitration award in home rule municipalities from post-retirement benefits for current employees. Without making an independent analysis, the majority’s sole reason for finding that an arbitration award cannot reduce those benefits is based on its belief that the question is controlled by our Supreme Court’s decision in Appeal of Upper Providence Township, 514 Pa. 501, 526 A.2d 315 (1987) (Upper Providence), which it contends…