Monday, December 05, 2011

Employer held to have committed an unfair labor practice when it unilaterally discontinued certain pension benefits.

Employer held to have committed an unfair labor practice when it unilaterally discontinued certain pension benefits.
City of Erie [Pennsylvania] v Pennsylvania Labor Relations Board, Docket # 24 WAP 2010

The International Association of Firefighters, Local 293, AFL-CIO, the exclusive bargaining representative of a unit of firefighters and other personnel employed by the City of Erie, negotiated several previous collective bargaining agreements.

In this action the Local alleged that the City had violated the terms of a contract for the period from January 1, 2005 to December 31, 2007 when it unilaterally eliminated lawful firefighter pension benefits without first collectively bargaining with the firefighters' representative.

Pennsylvania’s Collective Bargaining by Policemen and Firemen Act requires negotiation over the modification or elimination of pension benefits.

Supreme Court found no applicable exception to this statutory mandate, reversing the order of the Commonwealth Court rejecting the Local’s claims.

The decision is posted on the Internet at:


The Discipline Book, - a concise guide to disciplinary actions involving public employees in New York State. A 1476 page e-book. For more information click on http://booklocker.com/books/5215.html

The Layoff, Preferred List and Reinstatement Manual - a 645 page e-book reviewing the relevant laws, rules and regulations, and selected court and administrative decisions. For more information click on http://booklocker.com/books/5216.html


General Municipal Law§§ 207-a and 207-c - a 1098 page e-book focusing on administering General Municipal Law Sections 207-a/207-c and providing benefits thereunder. For more information click on http://booklocker.com/books/3916.html

Caution: Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.

Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material in this blog is presented with the understanding that the publisher is not providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader should seek such advice from a competent professional.

Written permission is required to copy and distribute items published in NYPPL. Send your request via e-mail to publications@nycap.rr.com

Copyright© 1987 - 2012 by the Public Employment Law Press.



My Photo
This Lawblog is prepared by NYPPL Consultants. NYPPL Consultants assist public employers, public employee organizations and attorneys in matters involving New York State public personnel law. You may contact NYPPL Consultants by e-mail at publications@nycap.rr.com
___________________



N.B. From time to time a political ad or endorsement may appear in the sidebar of this Blog. NYPPL does not have any control over such posting.

_____________________

.