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In a 6-1 decision, the Pennsylvania State Supreme Court has ruled that the City of Scranton must pay arbitration awards to members the F.O.P. and the International Association of Fire Fighters. The ruling applies to interest arbitration awards from 2003 through 2007, according to court documents.
Thomas Jennings, the attorney representing the cops and firefighters said he did not know how much money was involved but that the amount to be paid out by the city would have been less if Scranton Mayor Chris Doherty had not refused to negotiate with the unions.
Attorneys for the city predicted that the judge's ruling that workers must be paid what they're owed would have a negative impact on city finances.
"The case will have very significant and dire financial consequences to the taxpayers of Scranton," said attorney Clifford B. Levine, who represented the state and the Pennsylvania Economy. The state Supreme Court made its ruling during a time when the city faces a projected deficit of more than $6 million this year and a projected $11 million deficit in 2012.
In court, the city had argued that a collective bargaining agreement or arbitration settlement could not violate the provisions of the city's economic recovery plan.
A court ruling in 2009 accepted the city's reading of a law called Act 47, which mirrors Section 252 of the state law. Both laws say a collective bargaining agreement or arbitration settlement executed after an economic recovery plan's adoption "shall not" violate, expand or diminish the plan's provisions.
The idea that the city can use varying degrees of financial distress to avoid living up to agreements made during contract negotiations did not fly with the majority of justices on the state supreme court.
Justice J. Michael Eakin wrote, "If Act 47 were allowed to eliminate meaningful arbitration, unilaterally and permanently eviscerating the ability of workers to adjudicate legitimate issues, the consequences on many levels would not be acceptable." Add this page to your favorite Social Bookmarking websites       
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