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City of Philadelphia v. Pennsylvania Labor Relations Board

Order of Labor Relations Board reversed in case involving police officer found to be in possession of cocaine because grievance arbitration award overturning dismissal could not be interpreted as requiring the City to expunge the Internal Affairs Division record of police officer's admitted misconduct.

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ARGUED: October 4, 2000

The City of Philadelphia (City) petitions for review of a final order of the Pennsylvania Labor Relations Board (Board) that denied the City’s exceptions and made final a proposed decision and order that determined that the City had committed an unfair labor practice by failing to expunge an entry in the Internal Affairs Division (IAD) record of Officer Bruce DeNoble after the Fraternal Order of Police, Lodge No. 5 (FOP) secured a grievance arbitration award overturning Officer DeNoble’s dismissal and directing that his record be expunged and cleared. The City questions whether the Board erred in finding that the arbitration award required the City to remove the “sustained case” from the IAD records or whether the Board erred in failing to find that the arbitration award is ambiguous. *fn1

The facts underlying the present matter have never been disputed. On January 13, 1994, around 6:10 p.m., twenty-seven plastic vials containing cocaine were found in Officer DeNoble’s patrol jacket in his locker during an unannounced search of lockers. The district attorney declined to prosecute for illegal possession of cocaine. Officer DeNoble then stated in an interview that he found the drugs on the highway at approximately 12:10 a.m. while participating in an arrest of fourteen males for disorderly conduct. He admitted that he failed to prepare a report for taking possession of illegal drugs or to notify any supervisor and that he improperly retained control of the contraband. The Police Commissioner discharged Officer DeNoble under Section 1.75 of the Police Disciplinary Code, relating to conduct unbecoming an officer, stating that his actions violated Departmental Directives No. 54, requiring the preparation of departmental reports, No. 71, prohibiting storing of contraband in a locker and No. 91, requiring accounting for illegal drugs taken into custody on a property receipt.

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