Int'l Ass'n of Fire Fighters, Local 669 v. City of Scranton, 429 A.2d 779 (Pa. Commw. Ct. 1981). · Go Syfert
Int'l Ass'n of Fire Fighters, Local 669 v. City of Scranton, 429 A.2d 779 (Pa. Commw. Ct. 1981). Cases Citing This Book View Copy Cite
108 citation events (77 in the last 25 years) across 4 distinct courts.
Strongest positive: Towamencin Twp. v. PA LRB (pacommwct, 2022-10-07)
Treatment trajectory · 1982 → 2026 · click a year to view as-of
1982 2004 2026
Top citers, strongest first. 14 distinct citers. How cited ↗
discussed Cited as authority (rule) Towamencin Twp. v. PA LRB
Pa. Commw. Ct. · 2022 · confidence medium
This Court has previously held that the scope of a municipality’s managerial prerogative extends to decisions “which might be considered ‘essential for the proper and efficient functioning of a police force.’” Int’l Ass’n of Fire Fighters, Local 669 v. City of Scranton, 429 A.2d 779, 781 (Pa. Cmwlth. 1981) (quoting City of Sharon v. Rose of Sharon Lodge No. 3, 315 A.2d 355 (Pa. Cmwlth. 1973)).
discussed Cited as authority (rule) City of Arnold v. Wage Policy Committee of Arnold Police Department ex rel. Cimino
Pa. · 2017 · confidence medium
Police Ass’n v. Labor Relations Bd., 789 A.2d 874, 879 (Pa. Cmwlth. 2002) (holding that certain specific reporting requirements for officers are not terms and conditions of employment); Rose of Sharon Lodge No. 3 v. Pennsylvania Labor Relations Bd., 729 A.2d 1278, 1282 (Pa. Cmwlth. 1999) (holding that minimum requirements for promotion are not terms and conditions of employment); Int’l Ass’n of Fire Fighters, Local 669 v. City of Scranton, 59 Pa.Cmwlth. 235, 240 , 429 A.2d 779, 782 (1981) (holding that the number of firefighters that a city must employ are not terms and conditions of emp…
discussed Cited as authority (rule) City of Arnold v. Wage Policy Committee of Arnold Police Department ex rel. Cimino
Pa. · 2017 · confidence medium
Police Ass’n v. Labor Relations Bd., 789 A.2d 874, 879 (Pa. Cmwlth. 2002) (holding that certain specific reporting requirements for officers are not terms and conditions of employment); Rose of Sharon Lodge No. 3 v. Pennsylvania Labor Relations Bd., 729 A.2d 1278, 1282 (Pa. Cmwlth. 1999) (holding that minimum requirements for promotion are not terms and conditions of employment); Int’l Ass’n of Fire Fighters, Local 669 v. City of Scranton, 59 Pa.Cmwlth. 235, 240 , 429 A.2d 779, 782 (1981) (holding that the number of firefighters that a city must employ are not terms and conditions of emp…
discussed Cited as authority (rule) City of Arnold v. Wage Policy Committee of Arnold Police Department ex rel. Cimino
Pa. · 2017 · confidence medium
Police Ass’n v. Labor Relations Bd., 789 A.2d 874, 879 (Pa. Cmwlth. 2002) (holding that certain specific reporting requirements for officers are not terms and conditions of employment); Rose of Sharon Lodge No. 3 v. Pennsylvania Labor Relations Bd., 729 A.2d 1278, 1282 (Pa. Cmwlth. 1999) (holding that minimum requirements for promotion are not terms and conditions of employment); Int’l Ass’n of Fire Fighters, Local 669 v. City of Scranton, 59 Pa.Cmwlth. 235, 240 , 429 A.2d 779, 782 (1981) (holding that the number of firefighters that a city must employ are not terms and conditions of emp…
discussed Cited as authority (rule) City of Arnold v. Wage Policy Committee of Arnold Police Department ex rel. Cimino
Pa. · 2017 · confidence medium
Police Ass’n v. Labor Relations Bd., 789 A.2d 874, 879 (Pa. Cmwlth. 2002) (holding that certain specific reporting requirements for officers are not terms and conditions of employment); Rose of Sharon Lodge No. 3 v. Pennsylvania Labor Relations Bd., 729 A.2d 1278, 1282 (Pa. Cmwlth. 1999) (holding that minimum requirements for promotion are not terms and conditions of employment); Int’l Ass’n of Fire Fighters, Local 669 v. City of Scranton, 59 Pa.Cmwlth. 235, 240 , 429 A.2d 779, 782 (1981) (holding that the number of firefighters that a city must employ are not terms and conditions of emp…
examined Cited as authority (rule) City of Allentown v. International Ass'n of Fire Fighters Local 302 (4×)
Pa. · 2017 · confidence medium
Relying upon the Commonwealth Court’s decision in IAFF, Local 669 v. City of Scranton, 429 A.2d 779, 781 (Pa. Cmwlth. 1981) (addressing whether establishing a total number of departmental firefighters constituted a managerial prerogative, as discussed below), the court considered the relationship between staffing levels and the firefighters’ duties.
discussed Cited as authority (rule) City of Allentown v. International Ass'n of Fire Fighters Local 302 (2×)
Pa. Commw. Ct. · 2015 · confidence medium
Since the method of resolving the imbalance may have far-reaching political and economic implications, especially if taxes must be raised, it should remain within the purview of those who were elected and/or appointed to make such decisions. 429 A.2d at 781 (emphasis in original).
examined Cited as authority (rule) City of Philadelphia v. International Ass'n of Firefighters, Local 22 (8×) also: Cited "see"
Pa. · 2010 · confidence medium
Relying on its decision in International Ass'n of Fire Fighters, Local 669 v. City of Scranton, 59 Pa. Cmwlth. 235, 429 A.2d 779, 781 (1981), the court determined that Paragraph 12's requirements impermissibly vested the Union and employees with the right to impact major governmental decisions, such as spending, budgeting, the level of fire protection the City would provide, and, ultimately, taxation.
discussed Cited as authority (rule) Schuylkill Haven Borough v. Schuylkill Haven Police Officers Ass'n (2×)
Pa. Commw. Ct. · 2006 · confidence medium
(Emphasis in original.) Id. at 781.
discussed Cited as authority (rule) Police Bargaining Unit of Montoursville Police Department v. Borough of Montoursville
Pa. Commw. Ct. · 1993 · confidence medium
It is interesting to note that, while the facts in Scranton I concerned a fire department’s strength, this Court characterized the bottom line of the appeal “[as] whether the court will permit the members of fire and police forces to decide how much of the municipal budget will be spent in the areas of fire and police protection.... ” Id. 59 Pa.Cmwlth. at 238 , 429 A.2d at 781 (1981) (emphasis added).
discussed Cited as authority (rule) Mayor and City Council of Baltimore v. Baltimore Fire Fighters
Md. Ct. Spec. App. · 1992 · confidence medium
See, e.g., Int’l Ass’n of Fire Fighters, Local Union 1052 v. Public Employment Relations Comm., 113 Wash.2d 197 , 778 P.2d 32, 36-37 (1989) (en banc) (“general staffing levels are fundamental prerogatives of management____ equipment staffing is not so importantly reserved to the prerogative of management”); Portland Firefighters Ass’n v. City of Portland, 478 A.2d 297, 298 (Me.1984) (proposal of minimum manpower for entire department not arbitrable because, unlike staffing minimum for a particular task or at the scene of the fire, it did not directly involve safety or working conditi…
discussed Cited as authority (rule) In re the Arbitration between City of Erie & International Ass'n of Firefighters, Local 293
Pa. Commw. Ct. · 1983 · confidence medium
The International Association of Firefighters, Local 669 case is clearly distinguishable from the instant case in a crucial way, because we held there that “Act 111 does not remove from the scope of a municipality’s managerial decision-making the determination of the total number of firefighters it deems necessary for the level of fire protection it wishes to afford to its citizens.” Id. at 239-40 , 429 A.2d at 781-82 (emphasis added).
discussed Cited "see" City of Scranton v. Fire Fighters Local Union No. 60 (2×)
Pa. Commw. Ct. · 2010 · signal: see · confidence high
See Int’l Ass’n of Fire Fighters, Local 669 v. City of Scranton, 59 Pa.Cmwlth. 235 , 429 A.2d 779 (1981) (fire fighter safety is not directly related to total size of fire fighter force, which is management prerogative not subject to collective bargaining).
discussed Cited "see" Borough of Ellwood City v. Pennsylvania Labor Relations Board (2×)
Pa. · 2010 · signal: see · confidence high
See Int’l Ass’n of Fire Fighters, Local 669 v. City of Scranton, 59 Pa.Cmwlth. 235 , 429 A.2d 779, 781 (1981).
Retrieving the full opinion text from the archive…
International Association of Fire Fighters, Local 669
v.
City of Scranton
Appeal, No. 2325 C.D. 1979.
Commonwealth Court of Pennsylvania.
May 26, 1981.
429 A.2d 779
1981 Pa. Commw. LEXIS 1492
Thomas W. Jennings, Sagot and Jennings, for appellant., John J. Brasil, City Solicitor, with him Ralph P. Iori, for appellee.
Craig, Crumlish, Wilkinson, Williams.
Cited by 30 opinions  |  Published

Opinion by

Judge Williams, Jr.,

The International Association of Firefighters, Local 669 (Union) appeals to this Court to reverse a decision of the Lackawanna County Court of Common Pleas vacating the award of a Board of Arbitration. The award mandated that the City of Scranton (City) increase its minimum complement of regularly appointed fire fighters to 225 persons.

Pursuant to contract renewal, the Union and the City entered into negotiations which ultimately resolved all major issues except the minimum number of fire fighters on the force. The Union maintains that this is a condition of employment under the collective bargaining agreement, directly related to the safety of. the union members. The City holds the position that the size of the force is a decision unique to managerial prerogative, and one which is not susceptible of arbitration as a condition of employment, as that term is used in Section 1 of the Act of June 24,1968, P.L. 237, as amended, 43 P.S. §217.1 (Act 111).[1]

In an opinion consisting primarily of the reproduction of a letter from the then Superintendent of the Scranton Bureau of Fire to the Director of Public Safety, the Board of Arbitration held that “safety rules and staffing practices are important provisions of firefighting. ’ ’ It went on to say that a determination that safety matters are exclusively within the scope of managerial decision-making would denigrate the impact of the federal Occupational Safety and Health Act of 1970 (OSHA)[2] upon working conditions.

[*237] Upon an appeal of that decision by the City, the Common Pleas Court held that matters pertaining to the size of the general manpower complement are outside the parameters of the arbitrators ’ authority. The Union has appealed that decision to this Court, asking whether the alleged understaffing of the fire department bears a rational relationship to the performance of the fire fighters’ duties, which will therefore sustain a determination that the staffing complement is a bargainable issue under Act 111. No appellate court in Pennsylvania has addressed the issue of whether the number of persons on a fire force, as a safety factor, bears a rational relationship to the performance of a fireman’s duties, such that it is a bargainable “condition of employment” under Act 111.

In examining the decisions of courts of our sister states, however, we find that the question, as it pertains to other states’ statutes governing collective bargaining for fire fighters, has been examined. See City of New Rochelle v. Crowley, 403 N.Y.S. 2d 100, 102, 61 A.D.2d 1031, 1032 (1978), in which the court stated that “(a) union . . . may not force management to negotiate general questions of manpower deployment under the guise of safety, and PEKB has been diligent in safeguarding management’s prerogatives in such situations.” In the context of the establishment of a health and safety committee to have jurisdiction over matters including the minimum number of fire fighters assigned to each piece of equipment, and the number to be sent to each fire, the court said that “neither it (the committee) nor the arbitrator may consider general minimal manning requirements,” (emphasis added) indicating that this is clearly within the scope of managerial discretion.

See also, International Association of Firefighters of the City of Newburgh v. Helsby, 399 N.Y.S. 2d 334, 336, 59 A.D.2d 342, 344-45 (1977), in which the court said that

[*238] petitioner is plainly seeking a voice in determining the number of employees the City of Newburgh will hire for its fire department, and in our view that determination is clearly a basic policy decision to be made solely by the municipal governing body as to the allocation of its resources and the extent and quality of fire protection to be afforded by the city for its citizenry.

The opinion further notes that the question of how many fire fighters are necessary from a safety standpoint to handle a particular piece of equipment is negotiable insofar as it impacts on the safety of the firemen.[3]

The bottom line of the instant appeal is whether the court will permit the members of fire and police forces to decide how much of the municipal budget will be spent in the areas of fire and police protection, under the guise of safety considerations. To grant this appeal, and reverse the lower court, we must give the public employees’ union the right to have a major decision-making impact on government spending, budgeting, the level of police and fire protection that the municipality must provide, and even taxation, because salaries for the additional employees must come from public funds. To affirm the award of the arbitrator as being within the scope of arbitrable issues, the court must effectively put appellees on an equal footing with their employer on a major policy-making question. These people are, after all, employees, not employers.

The courts that have dealt with this issue have drawn a very fine line in distinguishing between the[*239] total number of persons on the force (not arbitrable), and the number of persons on duty at a station, or assigned to a piece of equipment, or to be deployed to a fire (all arbitrable because they are rationally related to the safety of the fire fighters). However, this Court finds merit in that distinction, because the result still leaves in the municipality the ultimate decision concerning what level of fire protection it wishes, or can afford,'to provide to the citizens. If it finds that the arbitrable situations cause an imbalance in certain areas of the force, it retains the authority to decide whether to hire more employees, close stations, revamp the force, or take some other managerial action. Since the method of resolving the imbalance may have far-reaching political and economic implications, especially if taxes must be raised, it should remain within the purview of those who were elected and/or appointed to make such decisions.

In Sharon v. Rose of Sharon Lodge, No. 8, 11 Pa. Commonwealth Ct. 277, 283, 315 A.2d 355, 358 (1973), this Court examined the language of Act 111 referring to bargainable issues, and held that the words “including compensation, hours, working conditions, retirement, pensions and other benefits . . . are words of limitation” on the mandatory bargainable issues. That opinion also noted that Act 111 does not remove all regulation of (in that case) policemen from the scope of a municipality’s managerial decision-making, particularly any regulation which might be considered “essential for the proper and efficient functioning of a police force.”[4]

So also, here, we find that Act 111 does not remove from the scope of a municipality’s managerial decision-making the determination of the total number of fire fighters it deems necessary for the level of fire protection it wishes to afford to its citizens. Although[*240] the Court acknowledges that the line between safety and numbers is finer in protective services such as fire and police work than in most other occupations, we nevertheless find that that safety can be adequately protected by more finely honed collective bargaining on specific issues as discussed, infra. The safety of a fire fighter is far more rationally related to the number of individuals fighting a fire with him, or operating an.important piece of equipment at a fire, than it is to the number of members of the entire force.

The order of the Lackawanna County Court of Common Pleas is hereby affirmed.

Order

And Now, the 26th day of May, 1981, the order of the Lackawanna County Court of Common Pleas in the above-captioned action is hereby affirmed.

Judge Wilkinson, Jr. did not participate in the decision in this case.
1

§217.1 Bight to Bargain.

Policemen or firemen employed by a political subdivision of the Commonwealth . . . shall . . . have the right to bargain collectively with their public employers concerning the terms and conditions of their empoyment, including compensation, hours, working conditions, retirement, pensions and other benefits. . . .

2

29 U.S.C. §651 et seq.

3

Compare, Town of Narragansett v. International Association of Fire Fighters, AFL-CIO, Local 1589, (R.I.), 380 A.2d 521 (1977) in which the court held that a proposal to increase the number of firefighters on duty at a given time at a specific fire station is arbitrable under that state’s Fire Fighters’ Arbitration Act.