LABOR & EMPLOYMENT - PENNSYLVANIA

Fraternal Order of Police Fort Pitt Lodge No. 1 v. City of Pittsburgh

Supreme Court of Pennsylvania - February 26, 2019 - A.3d - 2019 WL 922394 - 2019 L.R.R.M. (BNA) 62, 785

Union sought to appeal police-union interest arbitration award. City filed cross-appeal and moved to quash appeal.

The Commonwealth Court quashed appeal. Union sought allowance of appeal.

The Supreme Court of Pennsylvania held that Commonwealth Court did not have jurisdiction to review award.

Police-union interest arbitration award did not deviate from municipal financial recovery plan by allegedly failing to provide for competitive compensation, and thus Commonwealth Court did not have jurisdiction to review award on that ground, even if police officer compensation under award was too low to be competitive with other police departments; union’s claim ultimately reflected a disagreement with substantive content of plan, which could not form basis for determination that award, by adopting salary increases in plan, deviated from plan.

Police-union interest arbitration award was not subject to appeal to Commonwealth Court on ground that maximum allocations set forth in municipal financial recovery plan were arbitrary, capricious, and established in bad faith.



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