City of Scranton v. E.B. Jermyn Lodge No. 2 of the Fraternal Order of Police

In City of Scranton v. E.B. Jermyn Lodge No. 2 of the Fraternal Order of Police, 965 A.2d 359 (Pa. Cmwlth. 2009), appeal granted,Pa, 995 A.2d 1181 (2010) (Scranton FOP (2009), the Court rejected the City's argument that the 2006 Award left intact portions of the 1999 SIT Agreement that violated the 2002 Recovery Plan. The Court noted that the Plan envisioned that the 1999 SIT Agreement remain in effect as modified by Section II-B(1) of the Plan's "Provisions Specifically for the Police Department." The Recovery Plan's "Organizational Structure and Scheduling" provision made specific structural and scheduling changes. See Scranton FOP (2009), 965 A.2d at 375. In rejecting the City's argument that the 1999 SIT Agreement must be totally abrogated, the Court noted that the City, the FOP and the Coordinator collaborated to draft the 1999 SIT Agreement, and that the Coordinator would not draft the 2002 Recovery Plan in such a way as to unravel the earlier SIT Agreement. Id.