A retired Lansford police chief will not be getting the higher pension calculation that he sought, as Commonwealth Court last week affirmed a lower court’s decision denying a review of an arbitrator’s award.

Senior Judge Bonnie Brigance Leadbetter in an opinion filed Friday found the court had no basis to disturb the arbitration award, dismissing retired Police Chief Jack Soberick’s claim.

Soberick filed a grievance three months after his retirement in May 2022, seeking a higher pension award to include overtime pay as part of his salary for the preceding three years.

Lansford Borough calculated his pension at $2,758.64 a month, and Soberick sought an additional $550 a month which included the overtime calculation.

The borough, while Soberick was still chief, entered an agreement with the borough’s police union in which officers would receive 50% of the last 36 months average salary to include overtime.

Soberick as chief was not covered under the union contract, but had a separate employment contract with the borough. His contract, however, had a “me too” clause which entitled him to the same benefits, other than shift differential.

Per Soberick’s contract, the dispute went to final and binding arbitration in April 2023, and the arbitrator denied the grievance for the higher calculation because the borough had not amended its pension ordinance to provide this agreed to benefit to the union.

Soberick then sought a review of the award in Carbon County Court. President Judge Roger N. Nanovic in April 2024 concluded that Soberick had no right to the additional benefit and the court was unable to change the arbitrator’s award.

Soberick, now a borough councilman and county detective, then appealed to Commonwealth Court last summer.

Leadbetter in her memorandum opinion reiterated that Soberick’s employment contract provided that the arbitrator’s award shall be final and binding.

“Accordingly, notwithstanding the fact that the borough’s failure to amend its pension ordinance may constitute a breach of contract, we cannon lawfully disturb the arbitrator’s award,” she wrote.

Leadbetter in her conclusion said that it was unclear why the borough failed to amend its pension ordinance to reflect the overtime provision.

“Its failure to do so is troubling, and evidently, constitutes a breach of contract,” she wrote. “However, there is no basis for disturbing the arbitrator’s award given the constraints of the applicable scope of review for common law arbitration.

“We do not condone the borough’s failure to follow through on its agreement, this case presents an error of law that does not warrant disturbing the award,” Leadbetter wrote.

Soberick has not made a decision whether to pursue additional legal action.