Legal Opinion

City of Wilkes-Barre v. City of Wilkes-Barre Police Benevolent Ass'n

Commonwealth Court of Pennsylvania

Decided December 31, 2002PublishedCited by 18 opinions

1Opinion of the Court

OPINION BY

Judge SIMPSON.

In this public employer’s appeal, we address the impact of The Third Class City Code (City Code) 1 and a city home rule charter on an interest arbitration award regarding retirement benefits, a residency requirement and a change in the health care plan. The Court of Common Pleas of Luzerne County (trial court) (1) affirmed the award limiting excessive retirement benefits for future but not current police officers, (2) affirmed the award to the extent it failed to incorporate the city home rule charter’s residency requirement, and (3) vacated that portion of the award…

2Cases cited8 opinions

  1. Tp. of Moon v. POL. OFFICE. OF TP. OF MOONSupreme Court of Pennsylvania · 1985
  2. In Re Appeal of Upper Providence Police Delaware County Lodge 27Supreme Court of Pennsylvania · 1987
  3. Association of Pennsylvania State College & University Faculties v. State System of Higher EducationSupreme Court of Pennsylvania · 1984
  4. Municipality of Monroeville v. Monroeville Police Department Wage Policy CommitteeCommonwealth Court of Pennsylvania · 2001
  5. City of Butler v. City of Butler Police DepartmentCommonwealth Court of Pennsylvania · 2001

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3Cited by18 opinions

  1. Michael G. Lutz Lodge No. 5, of the Fraternal Order of Police v. City of PhiladelphiaSupreme Court of Pennsylvania · 2015
  2. Borough of Pitcairn v. WestwoodCommonwealth Court of Pennsylvania · 2004
  3. City of Pittsburgh v. Fraternal Order of Police, Fort Pitt Lodge No. 1Supreme Court of Pennsylvania · 2017
  4. City of Pittsburgh v. Fraternal Order of Police, Fort Pitt Lodge No. 1Commonwealth Court of Pennsylvania · 2004
  5. Danzilli v. LomeoCommonwealth Court of Pennsylvania · 2008

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