Borough of Philipsburg v. Bloom

Concurring and Dissenting Opinion by

Judge Doyle:

I agree with the majority opinion insofar as it resolves the counterclaim pertaining to abuse of process. I respectfully dissent, however, from that portion of the opinion which would reverse the trial court on the issue of the exclusiveness of the arbitration remedy. In this *367matter I would affirm the trial court’s order to grant the police officers’ demurrer.

The police officers contend that they have stated a cause of action under Section 1190 of the Borough Code (Code),1 53 P.S. §46190, by pleading that the Borough improperly furloughed them…