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RODNEY PHILLIPS v. TOWNSHIP NEVILLE (02/10/76)

decided: February 10, 1976.

RODNEY PHILLIPS, APPELLANT
v.
TOWNSHIP OF NEVILLE, A MUNICIPAL CORPORATION; WILLIAM A. NICKLES, JR.; THOMAS BIRKO; GEORGE TOTH; CHESTER BROWN AND GUIDO BATISTA, APPELLEES



Appeal from the Order of the Court of Common Pleas of Allegheny County in case of Rodney Phillips v. Township of Neville, a municipal corporation, and William A. Nickles, Jr., Thomas Birko, George Toth, Chester Brown and Guido Batista, No. 3208 October Term, 1972.

COUNSEL

Theodore E. Breault, with him Egler and Reinstadtler, for appellant.

Bresci R. P. Leonard, with him Robb, Leonard & Edgecombe, for appellees.

Judges Crumlish, Jr., Kramer and Mencer, sitting as a panel of three. Opinion by Judge Crumlish, Jr.

Author: Crumlish

[ 23 Pa. Commw. Page 275]

In this mandamus action, Rodney Phillips appeals from an order of the Court of Common Pleas of Allegheny County*fn1 which dismissed his exceptions.

Phillips was employed by the Township of Neville (Township) in 1965 as a "deskman." On August 20, 1971, a member of the Township Board of Commissioners (Commissioners) found Phillips asleep at his post and fired him, effective immediately. Three days later, at a special meeting convened to review the dismissal action, the Commissioners affirmed the action.

At the time of Phillips' dismissal, Township Ordinance No. 247 was in effect. Section 18 of that ordinance establishes a three-stage discipline system for certain enumerated offenses committed by Township employees. The enumerated offenses are:

     a) habitually reporting late for work;

[ 23 Pa. Commw. Page 276]

    b) absenteeism without cause;

     c) not reporting "off-work" within an hour of starting time;

     d) refusing to work where assigned by the ...


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