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

DISSENTING OPINION BY

Judge McGINLEY.

I agree with the majority that the narrow certiorari scope of review is inapplicable in appeals stemming from PICA. I respectfully dissent, however, from the majority’s decision to remand this case back to the trial court.

The Panel fully complied with the trial court’s remand order and considered the requirements of PICA. The result was a 32-page award which detailed the 55 factors it considered when reaching the 2006 Award. In its petition to vacate, the City alleged that (1) the Panel failed to accord substantial weight to the Plan and the City’s ability…