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DIVISION 85 v. PORT AUTHORITY ALLEGHENY COUNTY (11/20/81)

decided: November 20, 1981.

DIVISION 85, AMALGAMATED TRANSIT UNION, APPELLANT
v.
PORT AUTHORITY OF ALLEGHENY COUNTY, APPELLEE



Appeal from the Order of the Court of Common Pleas of Allegheny County in case of Port Authority of Allegheny County v. Division 85, Amalgamated Transit Union, No. SA 962 of 1980.

COUNSEL

Joseph J. Pass, Jr., Jubelirer, Pass & Intrieri, P.C., for appellant.

Jacques M. Wood, Vasilis C. Katsafanas and Sidney Zonn, Berman, Ruslander, Pohl, Lieber & Engel, for appellee.

Judges Mencer, MacPhail and Palladino, sitting as a panel of three. Opinion by Judge MacPhail.

Author: Macphail

[ 62 Pa. Commw. Page 529]

In this appeal, Division 85, Amalgamated Transit Union (Union) challenges an order of the Court of Common Pleas of Allegheny County which set aside the award of an arbitration board and upheld the disqualification of Ellwood Tegtmeier (Tegtmeier) from

[ 62 Pa. Commw. Page 530]

    his position as a bus operator with the Port Authority of Allegheny County (PAT). We affirm.

The record reveals that Tegtmeier began his employment with PAT as a bus operator on April 16, 1976. In February or March of 1977, Tegtmeier was diagnosed as having diabetes which required insulin for control. Nevertheless, Tegtmeier continued to work as a bus operator and at no time informed PAT of his diabetic condition. In January 1980, PAT learned that Tegtmeier had diabetes and was insulin-dependent. Tegtmeier was promptly disqualified as a bus operator due to the possibility that he could suffer insulin shock while driving. The disqualification was required by a PAT Medical Department standard which provides, in pertinent part:

The standards required to be met are as follows:

12. Diabetes Mellitus

New -- Not acceptable for any job.

Old -- Operators or drivers of company vehicles or machinery not allowed to use Insulin Injections. May operate if ...


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