Opinion by
The Act of June 24,1968, P. L. , No. Ill, 43 P.S. §217.1 et seq., authorized resort to binding arbitration for the resolution of labor disputes between employees of police and fire departments and their public employers.. During the year 1968 the Borough of Ell-wood City, Lawrence County, Pennsylvania, entered into labor negotiations with its policemen and firemen. When it became apparent that no voluntary agreement could be reached, the employees requested and obtained the appointment of a board of arbitrators as provided for by the statute. Thereafter, on April 8, 1969, the board of arbitrators filed their award setting basic salaries, providing for overtime pay and regulating hours of work.
On May 13,1969, two complaints in mandamus were filed in the Court of Common Pleas of Lawrence County, naming the Borough of Ellwood City, Borough Council of Ellwood City and the President of the Borough Council of Ellwood City as defendants. One action was commenced by representative police employees and the other by representative fire department employees. The suits sought a judgment against the defendants to pass an ordinance and take whatever other action was needed to implement the arbitration award as required by the Act of June 24, 1968.
On October 21, 1969, a stipulation was entered into between the Borough of Ellwood City and all the full-time policemen and firemen of the Borough of Ellwood City, under the terms of which the parties to the stipulation agreed to complete compliance with the award of the board of arbitrators subject only to a court determination as to whether the award should be effec
The lower court entered an order fixing the effective date of the award as April 8, 1969 and the representatives of the policemen and firemen have filed this appeal from that order.
Section 7(a) of the Act of June 24, 1968, P. L. , No. Ill, 43 P.S. §217.7(a), clearly provides that “[t]he determination of the majority of the board of arbitration thus established shall be final on the issue or issues in dispute and shall be binding upon the public employer and the policemen or firemen involved .... No appeal therefrom shall be allowed to any court. . . .” In Washington Arbitration Case,
Here the Borough of Ellwood City did not seek an appeal from the determination of the board of arbitrators to the Supreme Court in the nature of narrow eertiorari but merely refused to comply with the award and waited for the policemen and firemen to seek an order of mandamus.
The stipulation entered into between the parties’ counsel and approved by the court below cannot be construed to avoid the clear statutory requirement that the determination of the board of arbitrators shall be final. See Lynch v. Metropolitan Life Insurance Company,
The question of whether the board of arbitrators exceeded its exercise of power when it fixed January 1, 1969 as the effective date of an award made April 8,
Order of the Court of Common Pleas of Lawrence County is vacated.
Notes
Such a procedure was used by tbe Borough of Bast Lansdowne to gain judicial review in Harney v. Russo,
