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JOAN MILLER v. COMMONWEALTH PENNSYLVANIA (11/01/78)

decided: November 1, 1978.

JOAN MILLER, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, RESPONDENT



Original jurisdiction in case of Joan Miller v. Commonwealth of Pennsylvania, Department of Transportation.

COUNSEL

John J. Morgan, 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 Craig, sitting as a panel of three. Opinion by Judge Rogers.

Author: Rogers

[ 38 Pa. Commw. Page 362]

The appellant, Joan Miller, was employed in a clerical capacity by the Commonwealth's Department of Transportation (PennDOT). Her position was not one within the classified service under the Civil Service Act*fn1 and she was not a member of a union having a collective bargaining agreement with the Commonwealth. She was, in short, employed at the will of PennDOT.

However, PennDOT, apparently in order to afford some consideration to persons holding positions such as the appellant's, adopted the following personnel regulations:

1005 Department Grievance Policy

The purpose of this procedure is to assure that each employe can have his grievance considered rapidly, fairly and without reprisal. The establishment of this procedure should serve to clearly define to both supervisor and employe the means available to resolve employe grievances.

1005.1 Applicability

The procedures prescribed in this section shall be applicable to grievances arising from . . . just cause disciplinary actions. . . . If an employe appeals a just cause disciplinary action involving a suspension, demotion or discharge, the grievance should be sent directly to the Third Step where the decision therein shall be final and binding.

[ 38 Pa. Commw. Page ...


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