[J-25-2011]
IN THE SUPREME COURT OF PENNSYLVANIA
WESTERN DISTRICT
ALLEGHENY COUNTY DEPUTY
SHERIFFS’ ASSOCIATION,
Appellant
v.
PENNSYLVANIA LABOR RELATIONS
BOARD,
Appellee
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No. 29 WAP 2010
Appeal from the Order of the
Commonwealth Court entered January 28,
2010, at No. 959 CD 2009, affirming the
Order of the Pennsylvania Labor Relations
Board entered April 21, 2009, at PF-R-0874-W.
990 A.2d 86 (Pa. Cmwlth. 2010)
ARGUED: April 12, 2011
DISSENTING OPINION
MR. JUSTICE EAKIN
DECIDED: MARCH 26, 2012
I agree with Chief Justice Castille that deputy sheriffs of second class counties
are not “policemen” for the purposes of Act 111 collective bargaining. See 43 P.S. §§
217.1-217.10.
Having reached this conclusion, I see no reason to speak to
incorporation of the independently-elected sheriff into our court system; the de facto role
of the sheriff differs from county to county. The constitutional issues related thereto are
considerable, and I would avoid dicta that may prove inapplicable down the road.
Therefore, I respectfully dissent.
