Act 111 • Home Rule Municipality • Amendment of Home Rule Charter • Elimination of Mandatory Subjects of Bargaining

City of Pittsburgh v. Fraternal Order of Police, Ft. Pitt Lodge, No. 1, PICS Case No. 17-0861 (Pa. May 22, 2017) Mundy, J. (18 pages).

Municipality could not eliminate subject of collective bargaining through adoption of home rule charter provision where Act 111, which granted fire and police officials right to bargain conditions of employment and took supremacy over any municipal home rule charter. Order of the commonwealth court reversed.

The Fraternal Order of Police, Fort Pitt Lodge, No. 1, appealed the commonwealth court's decision overturning the trial court's ruling that affirmed the arbitration panel's award that concluded that a residency requirement for officers of appellee City of Pittsburgh's police department was a mandatory subject of bargaining between the parties. Appellee was subject to the Policemen's Civil Service Act, which was amended by Act 195 in October 2012 to allow a city of the second class, such as appellee, to require a police officer to become a bona fide resident as a condition of employment. The parties met to bargain the residency issue. After they were unable to reach agreement, an arbitration panel was convened. Concurrently, appellee conducted a referendum to amend the city's home rule charter to require all employees and officials, include police officers, to reside within the city. The referendum was approved by the voters. Subsequently, the arbitration panel issued its interest arbitration award, requiring appellee to discontinue its residency requirement in favor of a requirement that officers reside within a 25-mile air radius from city hall.