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MICHAEL L. D'AMATO v. COMMONWEALTH PENNSYLVANIA (04/13/81)

decided: April 13, 1981.

MICHAEL L. D'AMATO, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF GENERAL SERVICES, RESPONDENT



Appeal from the Order of the State Civil Service Commission in the case of Michael L. D'Amato v. Department of General Services, Appeal No. 2859.

COUNSEL

Stephen G. Pollock, with him Stephen P. Gallagher, for appellant.

Gary F. Ankabrandt, Assistant Attorney General, with him George Welsh, Assistant Attorney General, Anthony P. Krzywicki, General Counsel, and Harvey Bartle, III, Attorney General, for respondent.

Judges Mencer, Rogers and Palladino, sitting as a panel of three. Opinion by Judge Palladino. Judge Wilkinson, Jr. did not participate in the decision in this case.

Author: Palladino

[ 58 Pa. Commw. Page 490]

This is an appeal from a Final Adjudication and Order of the State Civil Service Commission (Commission) which sustained the action of the Department of General Services (appointing authority) in the furlough of appellant from his position as Building Construction Inspector, regular status, effective at the close of business on June 28, 1979.

Appellant maintains that he was incorrectly included among those employees to be furloughed because the appointing authority erred in calculating his seniority date. The Commission found no miscalculation and concluded that the appointing authority utilized the proper procedures in selecting appellant for furlough under Section 802*fn1 of the Civil Service Act (Act), Act of August 5, 1941, P.L. 752, as amended,

[ 58 Pa. Commw. Page 49171]

P.S. ยง 741.802, and the collective bargaining agreement in existence at that time.*fn2

Appellant began his employment with the General State Authority on September 9, 1963, as a Building Construction Inspector III. It is undisputed that on October 1, 1969, appellant was promoted to a management position with the title of Construction Inspector III Special. The collective bargaining agreement is quite explicit that seniority for the purpose of furlough is determined by the length of an employee's service in a "rank and file" classification as opposed to time spent in a management classification which is not included in the seniority computation.*fn3 The appointing authority contends that appellant held the above management classification until October 20, 1975,*fn4 when he was reclassified to Construction Inspector III, regular status, a nonmanagement position. Accordingly, the appointing authority deducted from appellant's initial appointment date of September 9, 1963, 6 years and 19 days, which represents

[ 58 Pa. Commw. Page 492]

    the time spent by appellant in a management classification.

Appellant argues, however, that he remained in the management classification only 21 months before being demoted to a rank and file position on June 21, 1971. Specifically, appellant maintains that despite his demotion, official records were never changed to reflect his return to the lower class ...


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