holding that the fixing of salaries by a county salary board was not a legislative enactment
How later courts described this case
- holding that the fixing of salaries by a county salary board was not a legislative enactment
- considering whether the fixing of salaries by a county salary board is a legislative function
Written by the judges who cited it.
Distinguished
Distinguished by Danville Education Ass'n v. Danville Area School District, 78 Pa. Commw. 238 (1983)
The association, on the other hand, argues that Franklin County Prison Board is distinguishable from the case at bar, and that the common pleas court erred as a matter of law by relying upon it.
The opinion
NIX, Justice,
concurring.
It is my understanding that today’s Opinion of the Court requires the Prison Board and the Salary Board to implement the arbitration award as far as it is within the power of these two bodies to do so. I agree that since neither of these two Boards are empowered with the legislative authority to appropriate funds or levy taxes, they are not within the proviso of section 805 of the Public Employe Relations *63 Act, Act of June 23, 1970, No. 195, P.L. 563, 43 P.S. § 1101.805. However, since the County Commissioners are granted such authority, the Commissioners are within the meaning of the proviso. Accordingly, as to the County Commissioners, the arbitration award was merely advisory. I, therefore, agree that this proviso did not release the Prison Board from its statutory duty to implement the arbitration award. The Prison Board’s attempt to raise section 805 is premature. It would only come to play if and when the County Commissioners refuse to make the required appropriation.