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LEEVERNE LLOYD v. COMMONWEALTH PENNSYLVANIA (05/15/79)

decided: May 15, 1979.

LEEVERNE LLOYD, JR., PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF JUSTICE, BUREAU OF CORRECTION, RESPONDENT



Appeal from the Order of the State Civil Service Commission in case of Leeverne Lloyd, Jr. v. Department of Justice, Bureau of Correction, No. 2292.

COUNSEL

Taylor Aspinwall, for petitioner.

Jerry I. Drew, Assistant Attorney General, with him Michael von Moschzisker, Deputy Attorney General, and J. Justin Blewitt, Jr., Acting Attorney General, for respondent.

Judges Wilkinson, Jr., Blatt and MacPhail, sitting as a panel of three. Opinion by Judge Wilkinson, Jr.

Author: Wilkinson

[ 42 Pa. Commw. Page 614]

Petitioner appeals from an order of the State Civil Service Commission (Commission) sustaining his removal as Corrections Officer 1, regular status, by the Superintendent of the State Correctional Institution at Graterford (Graterford). The basis for his removal was charges of excessive absenteeism, lateness, reporting unfit for duty, and refusing to take assigned posts. We affirm.

On June 30, 1976, petitioner had been removed from his position at Graterford but, as a result of a union grievance, was reinstated without back pay, on January 1, 1977. His six months' absence was to be considered as a disciplinary absence and during the first six months of his return he was in a probationary status. Paragraph 4 of the letter reinstating petitioner, stated:

At any time during Mr. Lloyd's employment with the Commonwealth after his reinstatement, it is distinctly understood that if Mr. Lloyd reports in an unfit condition to perform his work this shall constitute just cause for discharge.

The Commission, inter alia, made the following findings of fact:

12. [Petitioner] was absent 23 days between January 22, 1977, and August 22, 1977.

13. [Petitioner] was reprimanded for failure to appear at roll call on February 17, 1977, March 6, 1977, March 25, 1977, and March 26, 1977.

14. On September 7, 1977, the Squad Sergeant smelled the odor of alcohol on the ...


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