Appeal from the Order of the Court of Common Pleas of Allegheny County in case of Thelma B. Davis v. U.S. Steel Supply Division of United States Steel Corporation, No. SA 618 of 1972.
James T. Carney, for appellant.
Robert B. Smith, Assistant City Solicitor, with him Ralph Lynch, Jr., City Solicitor, for appellee.
President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Opinion by Judge Kramer.
[ 16 Pa. Commw. Page 426]
This is an appeal by the United States Steel Supply Division of the United States Steel Corporation (Supply Division) from an order of the Court of Common Pleas of Allegheny County, dated November 20, 1973. The order dismissed an appeal by the Supply Division and affirmed an adjudication by the City of Pittsburgh, Commission on Human Relations (Commission). The Commissions' adjudication, dated March 6, 1972, found that the Supply Division had violated section 8(a) of the Pittsburgh Human Relations Ordinance (Ordinance), Ordinance 75 of 1967 of the City of Pittsburgh, as amended, by discriminating on the basis of race in dismissing an employee, Mrs. Thelma B. Davis (Davis).
Davis was employed by the Supply Division from 1966 until she was discharged on February 2, 1970.*fn1 The record indicates that on February 3, 1970, Davis was discharged by the acting office manager*fn2 following an altercation with her immediate supervisor. On February 4, 1970, Davis filed an informal complaint with the Commission. On April 13, 1970, she signed a formal
[ 16 Pa. Commw. Page 427]
complaint. A hearing was held before the Commission on June 4, 1971. Davis' testimony at the hearing indicated that she believed she was discharged because of her race. The acting office manager, who discharged Davis, testified that she was discharged "because she couldn't get along with her co-workers or supervisors" and "because she was insubordinate and unmanageable in her work situation." On March 6, 1972, the Commission decided that the Supply Division had violated section 8(a) of the Ordinance in dismissing Davis and entered an order which included the following provisions:
"1. That the United States Steel Corporation, including the United States Steel Supply Division, cease and desist from discrimination on the basis of race and that Complainant be reinstated to work either at the United States Steel Supply Division or some other division office or department of the United States Steel Corporation at a comparable clerical position.
"2. That United States Steel Corporation shall immediately pay to Mrs. Thelma Davis damages for loss of wages due to the discrimination cited herein. To that end, counsel for the parties will meet and stipulate as to damages, and if a stipulation cannot be agreed upon, a further Order on damages will be entered in this proceeding.
"IT IS FURTHER ORDERED that the United States Steel Supply Division proceed with an affirmative program to employ black applicants for future available positions within that division."
On October 2, 1972, the Commission, pursuant to paragraph 2 of the March 6, 1972 order, entered a supplemental order requiring United States Steel Corporation to pay Davis $14,274.20 as "damages for loss of wages." The Supply Division appealed the ...