In Skiles v. City of Lancaster, 24 Pa. Commw. 580, 358 A.2d 131 (1976), after an arbitration award that created higher salary schedules for policemen than for firemen, the firemen brought an action in mandamus to equalize their salaries pursuant to a city ordinance. Although Pa. R.J.A. No. 2101 provided 30 days within which to appeal an arbitration award, the firemen failed to make timely appeal.
The Department urges that the exclusivity of the Commonwealth Court's jurisdiction to hear appeals from arbitration awards under Pa.R.J.A. 2101(a) precludes consideration of the illegality question in a mandamus action. It rests primarily upon Skiles v. City of Lancaster, 24 Pa. Commw. 580, 358 A.2d 131 (1976). That reliance is misplaced however.