Capitol Police Lodge No. 85 v. Pennsylvania Labor Relations Board

DISSENTING OPINION FILED BY

Senior Judge FRIEDMAN.

I respectfully dissent. The majority holds that Article 44, Section 2 of the collective bargaining agreement (CBA) between the Fraternal Order of Police (FOP) and the Commonwealth of Pennsylvania (Commonwealth) provided a sound, arguable basis for the Commonwealth to assign the operation of scanning equipment in a Philadelphia state office building to an outside vendor. (Majority op. at 410-11.) I cannot agree.

Article 44, Section 2 of the CBA provides that “any and all new posts or assignments which could be staffed by Capitol Police or…