City of Philadelphia v. Fraternal Order of Police Lodge No. 5

OPINION BY

Judge COHN JUBELIRER.

This is an appeal by the City of Philadelphia (City) from a grievance arbitration conducted pursuant to what is commonly referred to as Act 111, 1 in which the arbitrator found in favor of the Fraternal Order of Police Lodge No. 5(FOP). The City failed to respond to the arbitrator’s subpoena that was issued at the request of the FOP, claiming that it had misplaced the subpoena and that it had not intentionally failed to respond. The arbitrator, in large measure based on instances in other, unrelated cases between the two parties in which the City had apparently…