CITY OF PHILADELPHIA, v. FRATERNAL ORDER OF POLICE LODGE NO. 5 (JASON BREARY); APPEAL OF: MICHAEL G. LUTZ, 604 Pa. 267

Summary

The grievant was a police officer who was alleged to have sexually assaulted another officer. Upon receiving notice that he was going to be terminated from his employment with the city's police department, a grievance was filed by the union on the grievant's behalf. The Commonwealth Court had held that the arbitrator violated the city's due process rights when the arbitrator precluded it from presenting any evidence because of its failure to comply with a duly issued subpoena. The court adopted the four factor test developed by the Superior Court of Pennsylvania as to what courts should examine to determine the severity and vitality of a discovery sanction and held that the Commonwealth Court correctly determined that the arbitrator, under the circumstances of the case, violated the procedural due process rights of the city. In particular, the court noted that, regarding the prongs of prejudice and willful misconduct, any prejudice was sufficiently cured by the city's subsequent ...