The request by the Police for collective bargaining was deemed untimely and their complaint was dismissed. The trial court determined that the deadline for commencing collective bargaining was June 28, 1991, based on its interpretation of Sections 19 of the Statutory Construction Act of 1972, 1 Pa.C.S. The Police filed a complaint in mandamus and request for peremptory judgment in which they sought to have the court compel the Township to proceed to binding arbitration in accordance with Act 111. The Township notified the Police on or about Septemthat they would not name an arbitrator. On August 1, 1991, the Police sent another letter to the Township in which they: 1) declared an impasse under Section *340 4 of Act 111, 2) named their arbitrator 3) attached the issues in dispute and 4) reiterated their willingness to meet with Township officials to negotiate. Thereafter, the Township notified the Police by letter dated July 9, 1991, that because the Police did not even request negotiations within the prescribed time period under Section 3 of Act 111, their request for collective bargaining was denied. Township officials did not actually open and read the letter until Monday, July 1, 1991. The letter was signed for and delivered to the Township by a police officer as part of his routine duties on June 29, 1991, a Saturday. Attached to the letter was a proposed list of items for negotiation. On June 24, 1991, the Police sent a letter by certified mail notifying the Township that it intended to pursue collective bargaining for the contract year commencing January 1, 1992, pursuant to Section 3 of the Act of June 24, 1968, P.L. The Cheltenham Township Police Association (Police) appeals from an order of the Court of Common Pleas of Montgomery County sustaining the preliminary objections of Cheltenham Township (Township) and dismissing the Police Department's complaint.

Busillo, II, for appellant.īefore CRAIG, President Judge, COLINS, Judge, and LORD, Senior Judge. CHELTENHAM TOWNSHIP POLICE ASSOCIATION, Appellant,

Cheltenham township police