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

Concurring Opinion by

Judge Palladino:: While I concur in the result reached in this case, I write separately because the majority’s discussion of whether property rights are implicated in the context of a transfer is unnecessary to the resolution of this matter.

In this case, the arbitrator determined that the Department’s administration of polygraph tests to all applicants wishing to be transferred into the SIU did not violate the parties’ collective bargaining agreement. *143FOP contended on appeal that the arbitrator exceeded his powers because the award would allow the Department to perform an…