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A F S C M E v. COMMONWEALTH ET AL.

Nos. 2064 C.D. 1983, 2133 C.D. 1983, 2160 C.D. 1983 and 2172 C.D. 1983.

80 Pa.Commw. 611 (1984)

American Federation of State, County and Municipal Employees, AFL-CIO etc., Petitioner v. Commonwealth et al., Respondents. Joint Bargaining Committee of the Pennsylvania Social Services Union et al., Petitioners v. Commonwealth of Pennsylvania et al., Respondents. Dennis J. Solecki et al., Petitioners v. Commonwealth of Pennsylvania et al., Respondents. The Association of Pennsylvania State College and University Faculties et al., Petitioners v. The State System of Higher Education et al., Respondents.

Commonwealth Court of Pennsylvania.

March 7, 1984.

Attorney(s) appearing for the Case

Richard Kirschner, with him Lee W. Jackson and Stuart W. Davidson, for petitioners, AFSCME, Barbush and Solecki.

Bruce Ludwig, Stephen A. Sheller & Associates, for petitioners, Joint Bargaining Committee of the Pennsylvania Social Services Union et al.

Elliot A. Strokoff, Handler, Gerber, Johnston, Strokoff & Cowden, for petitioners, The Association of Pennsylvania State College and University Faculties et al.

James J. Kutz, Deputy Attorney General, with him Allen C. Warshaw, Deputy Attorney General, and LeRoy S. Zimmerman, Attorney General, for respondents.

Anthony C. Busillo, II, Mancke, Lightman & Wagner, for intervenor, State Conference of State Police Lodges of the Fraternal Order of Police.

Argued November 15, 1983, before President Judge CRUMLISH, JR. and Judges ROGERS, WILLIAMS, JR., CRAIG, MacPHAIL, DOYLE and BARRY.

OPINION BY PRESIDENT JUDGE CRUMLISH, JR., March 7, 1984:

The petitioners and respondents in these four consolidated cases have filed cross-motions for summary judgment. Petitioners seek the permanent enjoinment of Section 7 of Act 31 of 1983, 71 Pa. C. S. §5505.1, which requires most Commonwealth employees, participants in the State Employes' Retirement System1 to contribute an additional 1 1/4% of their salary to the State Employes...

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