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BALTIMORE & O.R. CO. v. CMWLTH., D. OF L. & I.

461 Pa. 68 (1975)

334 A.2d 636

BALTIMORE & OHIO RAILROAD CO., and Western Maryland Railway Company, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF LABOR AND INDUSTRY, and United Transportation Union, Appellants.

Supreme Court of Pennsylvania.

Decided March 18, 1975.

Attorney(s) appearing for the Case

Harold E. Stambaugh, Asst. Atty. Gen., Harrisburg, T. P. Shearer, Pittsburgh, for appellants.

Jerome H. Gerber, Handler, Gerber & Weinstock, Harrisburg, for Pennsylvania AFL-CIO, amicus curiae.

Norman R. Bradley, Ross Van Denbergh, Saul, Ewing, Remick & Saul, Philadelphia, for appellee.

Before JONES, C.J., and EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION OF THE COURT

ROBERTS, Justice.

As a result of an administrative proceeding commenced by appellant United Transportation Union, appellee railroads were directed to adopt weekly pay periods for certain of their employees, as required by Pennsylvania Act No. 43 of 1971.1 The railroads appealed this order to the Commonwealth Court, urging that the Act was invalid under the Supremacy...

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