Berks County v. Commonwealth

Concurring and Dissenting Opinion by

Judge MaoPhail :

I concur with that part of the order of the majority which reverses the order of the Pennsylvania Labor *627Relations Board (Board), but I respectfully dissent from that part thereof which remands the case for further proceedings.

The language of Section 801 of the Public Employe Relations Act, Act of July 23, 1970, P.L. 563, as amended, 43 P.S. §1101.801 is clearly mandatory that an impasse in negotiations must be submitted to arbitration “in no event later than one hundred fifty days prior to the ‘budget submission date’ ” (emphasis added). I…