AFSCME, District Council 33 v. City of Philadelphia

95 A.3d 966, 2014 Pa. Commw. LEXIS 355
CourtCommonwealth Court of Pennsylvania
DecidedJuly 10, 2014
StatusPublished
Cited by1 cases

This text of 95 A.3d 966 (AFSCME, District Council 33 v. City of Philadelphia) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
AFSCME, District Council 33 v. City of Philadelphia, 95 A.3d 966, 2014 Pa. Commw. LEXIS 355 (Pa. Ct. App. 2014).

Opinion

OPINION BY

Judge McGINLEY.

American Federation of State, County and Municipal Employees, District Council [968]*96833 (AFSCME), and American Federation of State, County and Municipal Employees, Local 159 (Local 159) (collectively, Union) appeal the order of the Court of Common Pleas of Philadelphia County (common pleas court) that denied the Union’s petition to vacate an interest arbitration award entered pursuant to the Public Employe Relations Act1 (“Act 195”), 43 P.S. §§ 1101.101-1101.2301.

AFSCME is the exclusive bargaining representative for the City of Philadelphia’s (City) nonprofessional and non-uniformed employees. Local 159 is a local organization within AFSCME which primarily provides day-to-day representation of the City’s correctional officers.2

The City and AFSCME are parties to a collective bargaining agreement covering 10,000 employees of the City, including more than 2,000 employees of the Philadelphia Prison System. The collective bargaining agreement governs the wages, hours and working conditions of the employees represented by the Union, including those in Local 159.

In 2009, after negotiations failed to result in an agreement, interest arbitration was invoked pursuant to Act 195. Twelve days of hearings were held before an arbitration panel. It was the City’s position that it did not have the money to fund the Union’s demands. The City asserted that it faced historic financial difficulties and that increasing costs associated with the City’s workforce would challenge the City’s financial viability. The City argued that that consideration of an employer’s ability to pay in an interest arbitration proceeding was appropriate and permissible. The City cited the Pennsylvania Intergovernmental Cooperation Authority Act for Cities of the First Class, (PICA Act), 53 P.S. §§ 12720.101, et seq.3 The City presented the testimony of its Health Commissioner and Deputy Mayor for Health and Opportunity and its Director of Finance.

The Union’s position was that it sought fair compensation for its members who it argued were subjected to extraordinarily difficult, hazardous, and dangerous working conditions. The Union argued that the City’s financial health was irrelevant.

On March 16, 2012, the arbitration panel issued an award. The award provided benefit increases and changes in working conditions that were sought by the Union and also awarded modifications requested by the City. The arbitration panel determined it was proper to consider the City’s “ability to pay.” The panel noted that the Union presented no substantive economic evidence to challenge the economic evidence presented by the City in support of its position that its economic condition was dire. In the panel’s view:

[969]*969[T]his proceeding is overlaid by the Pennsylvania Intergovernmental Cooperation Authority Act for Cities of the First Class, 53 P.S. Sections 12720 et seq., referred to supra as the ‘PICA Act.’ This statute enacted in 1991, during Philadelphia’s financial crisis, required the City to project its revenues and expenses forward over five years, and the City’s budgetary revenue and cost projections would be subject to oversight by the Pennsylvania Intergovernmental Cooperation Authority. It is within this reality that this Panel must determine the extent to which the parties’ proposals are to be assessed.
Simply stated, the Panel cannot adopt the Union’s argument that we disregard the City’s ability to pay.
The City has presented overwhelming evidence through the testimony of City Finance Director Rob Dubow that it does not have the ability to fund many of the Union’s proposals, including, most significantly, the Union’s proposal for 8% wage increases beginning, retroactively, on July 1, 2008.

Interest Arbitration Panel Award, March 16, 2012, at 13.

On November 21, 2012, the Union petitioned to vacate portions of the award. In Count I, the Union asserted that the arbitrators wrongly asserted that any award must be governed by the PICA Act such that the arbitration panel placed a disproportionate emphasis on the City’s ability to pay. Therefore, the arbitration panel “exceeded its jurisdiction:”

14.The Award exceeded the jurisdiction of the Panel for the reasons set forth below and in the accompanying brief. Specifically, the Panel wrongly asserts that any award must be governed by the Pennsylvania Intergovernmental Cooperation Authority Act for Cities of the First Class, 53 P.S. §§ 12720.101 et seq. (the PICA Act).
15. By its terms, the PICA Act does not apply to Act 195 Interest Arbitration.
16. By relying on the PICA Act, the Panel placed a disproportionate emphasis on the City’s ability to pay, therefore, exceeding its jurisdiction.
17. In professed reliance on PICA, the panel majority failed to issue a wage award covering the period July 1, 2009, through July 1, 2012, failed to reinstate unilaterally suspended Step and Longevity increases retroactively, raised the pension contribution rates for current employees effective July 1, 2013, and removed holiday pay, sick pay and administrative leave as paid time for purposes of calculating when overtime is due.

Second Amended Petition to Vacate Act 195 Interest Arbitration Award, November 20, 2012, Paragraph Nos. 14-17 at 4; Reproduced Record (R.R.) at 12A.

On April 5, 2013, the common pleas court denied the petition to vacate the arbitration award:

The Court finds that to the extent that the Arbitration Panel (hereinafter referred to as ‘Panel’) based its Award on the economic restraints of the City of Philadelphia pursuant to 53 P.S. § 12720.101 et seq. (hereinafter referred to as ‘PICA’), the Arbitration Panel clearly applied the incorrect law in the instant arbitration. Mot. To Vacate (04/23/2012) (Exhibit A. at 13). The instant Arbitration is governed by 43 P.S. § 1101.101 et seq. (hereinafter referred to as ‘PERA Act 195’). PICA only applies to arbitrations under 43 P.S. § 217.1 et seq. (hereinafter referred to as ‘Act 111’). The Panel is not authorized to consider PICA and economic restraints under PERA Act 195 arbitra-[970]*970tions. 43 P.S. § 1101.101 et seq.; 53 P.S. § 12720.101 et seq. Therefore, the Panels’ consideration of PICA amounts to a misapplication and error of law. However, misapplications of law, alone, are not proper grounds upon which this Court can vacate the Arbitration Award. Dep’t of Corr. v. Pa. State Corr. Officers Ass’n [608 Pa. 521], 12 A.3d 346, 356 (Pa.2011). The Court is compelled to reject Plaintiffs [Union] argument that the Panel operated in excess of its powers by applying PICA to the instant PERA Act 195 Arbitration. In addition, Plaintiffs [Union] are not entitled to relief on any of the other three (3) prongs of the narrow certiorari scope of review. FOP Lodge No. 5, supra.

Common Pleas Court’s Order, April 5, 2013, at 1, n. 1.

On appeal4

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95 A.3d 966, 2014 Pa. Commw. LEXIS 355, Counsel Stack Legal Research, https://law.counselstack.com/opinion/afscme-district-council-33-v-city-of-philadelphia-pacommwct-2014.