Summary
adopting the opinion of Judge Laub, 26 Pa. D. C. 2d 327
Summary of this case from City of Philadelphia v. RendellOpinion
October 2, 1961.
March 13, 1962.
Municipalities — Employes — Grievance procedure — Grievance panel — Recommendation — Necessity for legislation — Mandamus Act of June 30, 1947, P. L. 1183 — The Third Class City Code.
The Act of June 30, 1947, P. L. 1183, § 1, as amended by the Act of December 30, 1959, P. L. 2052. does not require a Third Class City Council to pass ordinances consonant with the findings and recommendation of a grievance panel; and an action of mandamus to compel a city council to pass such ordinances must be dismissed.
Before BELL, C. J., MUSMANNO, JONES, COHEN, EAGEN and ALPERN, JJ.
Appeal, No. 221, March T., 1961, from judgment of Court of Common Pleas of Erie County, May T., 1961, No. 438, in case of Erie Firefighters Local No. 293 of the International Association of Firefighters v. Arthur Gardner, Mayor of City of Erie, Victor Glembocki, Charles Downing et al. Judgment affirmed.
Same case in court below: 26 Pa. D. C.2d 327.
Mandamus.
Preliminary objections sustained and complaint dismissed and judgment entered, opinion by LAUB, J. Plaintiff appealed.
Charles K. Moffatt, for appellant.
Gerald J. Weber, City Solicitor, with him Thomas S. Mszanowski, Assistant City Solicitor, for City of Erie, appellee.
Alexander F. Barbieri, for City Firefighters' Association of Philadelphia, Local 22, AFL-CIO, under Rule 46.
Judgment affirmed on opinion of Judge LAUB, 26 Pa. D. C.2d 327.