City of Chester v. Fraternal Order of Police, Lodge 19

615 A.2d 893, 150 Pa. Commw. 235, 1992 Pa. Commw. LEXIS 571
CourtCommonwealth Court of Pennsylvania
DecidedAugust 27, 1992
DocketNos. 263 C.D. 1991, 264 C.D. 1991
StatusPublished
Cited by1 cases

This text of 615 A.2d 893 (City of Chester v. Fraternal Order of Police, Lodge 19) 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
City of Chester v. Fraternal Order of Police, Lodge 19, 615 A.2d 893, 150 Pa. Commw. 235, 1992 Pa. Commw. LEXIS 571 (Pa. Ct. App. 1992).

Opinion

McGINLEY, Judge.

The City of Chester (City) appeals from two orders of the Court of Common Pleas of Delaware County (common pleas court). The first order dismissed the City’s post-trial motion following the common pleas court’s denial of the City’s petition to vacate an arbitration award and granted a cross-motion of the Fraternal Order of Police, Lodge 19 (Lodge 19) to confirm the arbitration award and also award attorney’s fees and court costs. The second order permanently enjoined the City from disciplining police officers for not residing within City limits. We affirm in part and reverse in part.

Lodge 19 and the City were parties to a collective bargaining agreement (CBA) that was set to expire on December 31, 1988. In January of 1988, Lodge 19 began collective bargaining negotiations by submitting proposed modifications to the then effective CBA. Among the proposed modifications submitted were provisions regarding residency1 and death benefits.2

On March 9, 1988, in the absence of any response to its request to negotiate, Lodge 19 notified the City that it was declaring an impasse in the negotiations and requested the appointment of an arbitration panel pursuant to the provisions of what is commonly called the Collective Bargaining By Policemen or Firemen Act, Act of June 24, 1968, P.L. 237, 43 P.S. §§ 217.1-217.27 (Act 111). At this point, Lodge 19 designated Gary Lightman (Lightman) as its appointed arbitrator. By letter dated March 24, 1988, Lodge 19 advised the City [238]*238that both parties must agree to waive the time requirement in Section 4(b) of Act 111, 43 P.S. § 217.4(b), which requires the issuance of an award within thirty days of appointment of the neutral arbitrator. Lodge 19 also sought a waiver of the provision that no Act 111 arbitration hearing be held in less than thirty days after the negotiations prove futile. The City responded in a March 29, 1988, letter by stating that it had only agreed to the second provision, that no arbitration hearing would be held within thirty days from the date the negotiations proved futile, but that it did not agree to waive the Section 4(b) requirement that an award be issued within thirty days of the appointment of the neutral arbitrator. The City also advised Lodge 19 that it had selected Alvin S. Ackerman (Ackerman) as its appointed arbitrator.

The parties began lengthy negotiations on June 8, 1988, and on September 15, 1988, the City submitted proposals to the FOP. While the negotiations were being conducted, James Claire Duff (Duff) was jointly designated to serve as the impartial arbitrator. On May 13, 1988, Duff accepted the appointment subject to a waiver of the requirement in Section 4(b) of Act 111, that a hearing commence within ten days of the appointment of the third arbitrator. By letter dated May 17, 1988, the City waived the ten-day requirement and hearings were scheduled for August 30-31, 1988. At the request of the City, the arbitration hearings were postponed until September 26-27, 1988. At no time prior to the árbitration hearings did the City object to their timeliness. The hearings closed on September 27, 1988. On October 31, 1988,- the arbitrators met in executive session. At the request of Ackerman, the City’s arbitrator, a second executive session was held after January 1, 1989.

On January 7, 1989, the arbitration panel issued an award with Ackerman dissenting. The award included the. following two provisions:

1. Police shall be free to reside where they choose to. Police who choose not to reside in Chester shall receive $400 less per year than the wages described herein.
[239]*2393. Any Officer who is killed (by an outside force) in the line of duty shall have his spouse and children continue to receive the same medical benefits as they enjoyed prior to the Officer’s death. This benefit shall continue until the spouse remarries, expires, or is eligible to acquire medical coverage from another employment source. This benefit shall continue for the Officer’s children until they reach the age of eighteen (18).

On February 7, 1989, the City filed in the common pleas court a petition to vacate the arbitration award alleging that the thirty-day mandatory time limit for issuing an award after appointment of the third arbitrator in Section 4(b) of Act 111 had expired, that the. award’s residency provision is unlawful because it is contrary to the City’s policy favoring residency requirements, and that the grant of death benefits to the spouse and family of an officer killed on duty violates the provisions of the Third Class City Code (City Code).3 In response, Lodge 19 cross-petitioned to confirm the arbitration award and to obtain an award of attorney’s fees and court costs.

In the interim, on November 7,1989, the citizens of the City passed an amendment to the City’s Home Rule Charter (Charter), which added Section 903. This section provides as follows:

(a) No person shall be employed by the:City of Chester who is not a legal resident (domicile) thereof at the time of employment.
(b) All persons presently employéd by the City who presently live within the City or are employed after the effective date of this amendment shall as a condition of their employment maintain their legal residence (domicile) within the City of Chester or they shall be subject to dismissal.

323 Pa.Code § 11.9-903(a) and (b).

On November 20, 1989, the common pleas court entered an order denying the City’s petition to vacate the award and granted Lodge 19’s cross-motion to confirm and enforce the [240]*240award. However, the common pleas court did not address Lodge 19’s request for attorney’s fees. In its decision, the common pleas court concluded that the City waived the mandatory time limits of Act 111, that the granting of survivor benefits to family members of a deceased officer is a lawful form of deferred compensation, and that the Act 111 award regarding residency is lawful because it does not preempt any existing statutory residency requirement. However, at this time, the common pleas court did not rule on the effect of Section 903 of the Charter which was enacted after the arbitration award.

On November 28, 1989, several police officers notified the City that they had moved outside of the City limits. The City, pursuant to Section 903 of the Charter, attempted to enforce the residency requirement against these officers. Hearings on the officers’ violations were scheduled for December 6-7, 1989, at which time none of the officers appeared. As a result, the officers were suspended.

On December 6, 1989, Lodge 19 Sled a petition seeking a temporary restraining order and subsequent injunction against the City’s enforcement of Section 903 of the Charter, alleging that the enforcement of the residency requirement violated the common pleas court’s order confirming the arbitration award. On February 6, 1990, the common pleas court denied the City’s motion for post-trial relief and granted Lodge 19’s post-trial motion for attorney’s fees. On December 20, 1990, the common pleas court entered a permanent injunction enjoining the City from enforcing Section 903 of the Charter. Final judgment was entered on both orders on January 10, 1991.

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Bluebook (online)
615 A.2d 893, 150 Pa. Commw. 235, 1992 Pa. Commw. LEXIS 571, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-chester-v-fraternal-order-of-police-lodge-19-pacommwct-1992.