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CITY OF PHILADELPHIA v. FOP LODGE NO. 5

728 A.2d 1043 (1999)

CITY OF PHILADELPHIA, Appellant, v. FRATERNAL ORDER OF POLICE LODGE NO. 5.

Commonwealth Court of Pennsylvania.

Decided April 29, 1999.

Attorney(s) appearing for the Case

Mark J. Foley, Philadelphia, for appellant.

Thomas H. Kohn, Philadelphia, for appellee.

Before DOYLE, J., SMITH, J., and MIRARCHI, Jr., Senior Judge.

SMITH, Judge.

The City of Philadelphia (City) appeals from an order of the Court of Common Pleas of Philadelphia County that confirmed a grievance arbitration award of June 9, 1998 concerning the position of Staff Inspector in favor of the Fraternal Order of Police Lodge No. 5 (FOP) and dismissed the City's petition to vacate the award. The City questions whether the Court of Common Pleas erred in applying "essence test" review rather than "narrow certiorari" review...

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