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

In a case concerning the wrongful termination of a police officer, order vacating part of arbitrator's award concerning the expungement of records affirmed; to the extent the arbitrator intended to include records of the Internal Affairs Division, such inclusion was beyond his jurisdiction because the parties did not submit that issue for arbitration.

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Argued: March 6, 2001

On January 17, 2000, an arbitrator determined that the termination of Philadelphia police officer Lamont Fox (Grievant) was not based on just cause and, therefore, set it aside and rescinded it. The Fraternal Order of Police, Lodge No. 5 (FOP) *fn1 appeals from the March 22, 2000 order of the Court of Common Pleas of Philadelphia County (trial court) that (1) vacated the arbitration award to the extent that it required expungement of any and all records relative to the termination of Grievant and the matters leading thereto; and (2) confirmed the arbitration award in all other respects. For the following reasons, we affirm.

The City of Philadelphia (City) employed Grievant as a police officer from June 22, 1987 until his termination on November 22, 1997. At all times relevant, Grievant was assigned to the Five Squad of the 14 th District, which is a special unit that operates under the Captain’s direct command and handles major crime and special investigations.

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