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PHILADELPHIA v. FOP. LODGE 5 (BREARY)

No. 38 EAP 2007

985 A.2d 1259 (2009)

CITY OF PHILADELPHIA, v. FRATERNAL ORDER OF POLICE LODGE NO. 5 (Jason BREARY). Appeal of: Michael G. Lutz.

Supreme Court of Pennsylvania.

Decided December 29, 2009.

Attorney(s) appearing for the Case

Stephen J. Holroyd, Philadelphia, Thomas W. Jennings, for Michael G. Lutz [FOP Lodge 5, (Breary)].

Elise Michelle Bruhl, City of Philadelphia Law Department, for City of Philadelphia.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, GREENSPAN, JJ.

OPINION

Justice BAER.

We granted allowance of appeal in this case to consider whether the Commonwealth Court expanded improperly the limited scope of review applicable to an Act 1111 grievance arbitration by holding that an arbitrator violated the City of Philadelphia's procedural due process rights when the arbitrator precluded the City from presenting any evidence because of the City's failure to comply with a duly issued...

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