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JEFFERSON C. MCCOOK v. COMMONWEALTH PENNSYLVANIA (09/26/74)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: September 26, 1974.

JEFFERSON C. MCCOOK, APPELLANT,
v.
COMMONWEALTH OF PENNSYLVANIA, STATE CIVIL SERVICE COMMISSION, BUREAU OF EMPLOYMENT SECURITY OF THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF LABOR & INDUSTRY, APPELLEES

Appeal from the Order of the State Civil Service Commission in case of Appeal of Jefferson C. McCook, No. 1447.

COUNSEL

Stephen R. Krone, for appellant.

Herbert W. Hoffman, Assistant Attorney General, with him Israel Packel, Attorney General, for appellee.

Judges Crumlish, Jr., Wilkinson, Jr. and Rogers, sitting as a panel of three. Opinion by Judge Rogers.

Author: Rogers

[ 15 Pa. Commw. Page 312]

Jefferson C. McCook has appealed from an adjudication and final order of the State Civil Service Commission upholding his dismissal from employment by the Department of Labor and Industry.

Mr. McCook was engaged as a Human Services Aide II, regular status, in the Department's Bureau of Employment Security. He was discharged by competent authority for refusing to comply with the working hours established by his employer.

The appellant does not deny he left work early on numerous occasions. He contends, however, that he was justifiably dissatisfied with the duties assigned him and that his refusal to comply with regulations

[ 15 Pa. Commw. Page 313]

    concerning hours of employment was a form of protest. He reasons that since his dissatisfaction with his work was reasonable, his dismissal was not for "just cause" as provided in Section 807 of the Civil Service Act, Act of August 5, 1941, P.L. 752, as amended, 71 P.S. ยง 741.807.*fn1 We disagree.

The appellant was suspended on one occasion for three days for refusing to comply with the work schedule. The suspension note stated that the appellant's work day was to be 8:30 a.m. to 5:00 p.m. and warned him that further violations might result in further disciplinary action. At the hearing below, the appellant's superior officer testified that nevertheless the appellant continued to quit work at around 4 o'clock in the afternoon. The appellant was further admonished and, when asked whether he intended to comply, the appellant replied in the negative, stating simply that he disliked such regulations.

The evidence reveals numerous attempts to satisfy Mr. McCook's complaints. He was permitted to meet with many officials of the Bureau, from its Executive Director down.

We find the Commission's action to be in accordance with the law and constitutional principles and its findings to be fully supported by the evidence. Kaplan v. State Civil Service Commission, 13 Pa. Commonwealth Ct. 29, 317 A.2d 683 (1974).

[ 15 Pa. Commw. Page 314]

Order

And Now, this 26th day of September, 1974, the order of the State Civil Service Commission is affirmed and the appeal herein dismissed.

Disposition

Affirmed.


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