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COMMONWEALTH v. COUNCIL 13, AFSCME ET AL.

No. 12 C.D. 1980.

54 Pa.Commw. 614 (1980)

Commonwealth of Pennsylvania, Petitioner v. Council 13, American Federation of State, County and Municipal Employees, AFL-CIO, and its Executive Director, Gerald W. McEntee, Respondents.

Commonwealth Court of Pennsylvania.

November 20, 1980.

Attorney(s) appearing for the Case

Debra K. Wallet, Assistant Attorney General, with her John D. Raup, Assistant Attorney General, for petitioner.

Johnathan Walters, with him Theodore M. Lieverman, Kirschner, Walters & Willig, for respondents.

Argued September 11, 1980, before Judges MENCER, ROGERS and WILLIAMS, JR., sitting as a panel of three.

OPINION BY JUDGE MENCER, November 20, 1980:

The Commonwealth of Pennsylvania appeals from a decision of an arbitrator which sustained a grievance filed by Council 13, American Federation of State, County and Municipal Employees (AFSCME) on behalf of one of its members, Charles Berkheimer (Berkheimer). We reverse.

The facts are not disputed. Berkheimer, a corrections officer at the Huntingdon State Correctional Institution, was acquitted of criminal charges...

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