Appeal from the Order of the State Civil Service Commission in case of Kenneth L. Frantz v. Department of Transportation, No. 1926.
Elliot Newman, with him John E. Person, III, for petitioner.
Frank A. Fisher, Jr., Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Robert P. Kane, Attorney General, for respondent.
Judges Wilkinson, Jr., Rogers and DiSalle, sitting as a panel of three. Opinion by Judge Rogers.
[ 33 Pa. Commw. Page 308]
Kenneth L. Frantz has filed a Petition for Review of a decision of the State Civil Service Commission upholding the action of the Pennsylvania Department of Transportation (PennDOT) furloughing him from his employment.
Frantz was employed in PennDOT's Highway District 3-0. His Civil Service classification was that of Civil Engineer III (CE III), regular status. PennDOT determined that there existed a condition of overstaffing of persons holding the Civil Service classification CE IV in District 3-0, and that Ronald Springman, a CE IV would be furloughed. Springman, however, was told that he might, and he then chose to, petition PennDOT for a demotion to CE III. PennDOT thereupon notified the petitioner, Frantz, that he would be required to be furloughed to make room for Springman. When Frantz asked to take a demotion to CE II and displace another person
[ 33 Pa. Commw. Page 309]
he was informed by PennDOT that this was not possible in his case.*fn1
The process by which the petitioner, a CE III, was displaced by Springman, holding the higher classification of CE IV, is called bumping. The petitioner contends that, having been bumped by a CE IV he should be privileged to bump a CE II. PennDOT in countering this contention, argued and in our opinion demonstrated, that bumping is not a practice permitted in the State Civil Service. The result is that the petitioner's furlough which was the result of his having been bumped was improper.
The pertinent statutory references are to Sections 706 and 802 of the Civil Service Act, Act of August 5, 1941, P.L. 752, as amended, 71 P.S. § 741.706 and § 741.802.
An appointing authority may demote to a vacant position in a lower class any employe in the classified service who does not satisfactorily perform the duties of the position to which he was appointed or promoted and who is able to perform the duties of the lower class. In case of such demotion the employe shall have all rights of appeal as provided in this act. No employe shall be demoted because of his race, religion or political, partisan or labor union affiliation. A demotion may also be made by an appointing authority with the ...