Do Recommendations by the Auditor General Excuse a Township from Its Obligation to Bargain In Good Faith and Indulge In Unfair Labor Practice ?

In Upper Chichester Township v. Pennsylvania Labor Relations Board, 153 Pa. Commw. 446, 621 A.2d 1134 (Pa. Cmwlth. 1993), the township unilaterally amended its police pension ordinance after an Auditor General's report identified areas of noncompliance with Act 600. The Court affirmed the Board's order charging the township with an unfair labor practice. In doing so the Court noted that mere recommendations by the Auditor General did not excuse the township from its obligation to bargain in good faith. The Court also reiterated that "a provision to which the township voluntarily agreed during the bargaining process cannot now be objected to by the township on the basis of its illegality." Id. at 1135.