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CAROL A. BUTLER v. COMMONWEALTH PENNSYLVANIA (03/10/81)

decided: March 10, 1981.

CAROL A. BUTLER, PATRICIA A. PHEASANT AND MARY ANN MCCARTHY, PETITIONERS
v.
COMMONWEALTH OF PENNSYLVANIA, STATE CIVIL SERVICE COMMISSION AND DEPARTMENT OF HEALTH, RESPONDENTS



Appeal from the Order of the State Civil Service Commission in the cases of Carol A. Butler v. Department of Health, Appeal No. 2576; Patricia A. Pheasant v. Department of Health, Appeal No. 2578; Mary Ann McCarthy v. Department of Health, Appeal No. 2577.

COUNSEL

Paul L. Zeigler, Goldberg, Evans & Katzman, for petitioners.

Barbara G. Raup, Assistant Attorney General, for respondent, State Civil Service Commission.

John H. Cuthbertson, Assistant Attorney General, for respondent, Department of Health.

Judges Rogers, Craig and Palladino, sitting as a panel of three. Opinion by Judge Craig.

Author: Craig

[ 57 Pa. Commw. Page 406]

Petitioners Carol Butler, Patricia Pheasant, and Mary Ann McCarthy seek review of a decision by the

[ 57 Pa. Commw. Page 407]

State Civil Service Commission denying, as untimely, their request for a hearing on their claim that the Department of Health discriminated against them in selecting a candidate for a promotion.

Petitioners, female public health nurses, applied for the position of Public Health Administrator I in April of 1978. On July 7, 1978, a letter from the district executive director informed them that a candidate for the position had been tentatively selected. The letter indicated that none of the petitioners had been chosen, and that the executive director would formally announce "our selection in the near future."*fn1

Not until August 22, 1978, were the petitioners told the identity of the successful candidate, who was the sole male applicant for the position.*fn2

Petitioners appealed to the commission on September 6, 1978, under Section 951(b) of the Civil Service Act,*fn3 alleging that the ...


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