Pa. high court hears FOP case

City, police spar over raises given under Act 47 status

A two-year legal battle between the city of Pittsburgh and its police officers went before the Pennsylvania Supreme Court on Wednesday.

Attorneys for both sides sparred over whether an arbitration panel erred in 2016 when it set raises for Pittsburgh police and whether the Fraternal Order of Police Fort Pitt Lodge No. 1 followed the appropriate appeal process after that decision.

Richard Poulson, representing the FOP, argued that the arbitration panel was obligated by the city’s designation as a financially distressed municipality under state Act 47 to provide competitive wages to police officers, and he said the 0, 1, 2 and 2 percent annual raises it granted did not meet that standard.

Mr. Poulson argued that decision constituted a deviation from Act 47, which under state law allows the FOP to appeal directly to the Commonwealth Court, which the union did.

However, the appellate court disagreed that the FOP could go directly there and in July ruled the police needed to go through the regular appeals process. The FOP then appealed that decision to the state Supreme Court.

“Today we are seeking economic justice for the city of Pittsburgh’s police officers,” Mr. Poulson told the court.

Gretchen Love, who represented the city, argued the arbitration panel’s decision did not constitute a deviation from Act 47 and said it actually fits well within the plan’s limits. Act 47 calls for both budget restraint and competitive wages, she said, and the panel’s decision on raises considered both issues.

“It does, in a balanced way,” she said.

She added that Act 47’s constraints — which were lifted in February — affected the whole city, not just the police, and said everyone had to make concessions.

“This is the sole group who is standing outside saying, ‘We want more,’” she said of the police union.

Robert Swartzwelder, president of the police union, said after the argument that the city’s poor pay for police officers has increased attrition as officers leave for higher-paying jobs at neighboring departments.

“The city should be ashamed of itself for what it pays these officers,” he said.

Pittsburgh police officers earn about $44,700 in their first year and top out at $66,700 after 15 years. Pittsburgh police commanders, who are not represented by the FOP and are just under the level of assistant chief, earn $98,900.