Fort Wayne Patrolmans Benevolent

Fort Wayne Patrolmans Benevolent Association, Inc., (PBA) appeals from a grant of summary judgment in favor of the City of Fort Wayne. The PBA argues the trial courts judgment should be reversed because it was premised upon an erroneous interpretation of the Public Employee Labor Relations Act, IND. CODE 22-6-4-1 to 22-6-4-13 (hereinafter, the Act). The PBA also argues that since this Act was declared unconstitutional by our Supreme Court after the entry of summary judgment herein,[Footnote 1] this judgment should be reversed. According to the PBA, summary judgment should be entered, instead, in its favor since the BPA takes the position it is entitled to judgment as a matter of law.