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OLGA F. TAYLOR v. COMMONWEALTH PENNSYLVANIA (07/23/82)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: July 23, 1982.

OLGA F. TAYLOR, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, STATE CIVIL SERVICE COMMISSION, AND LANSDALE OFFICE, DEPARTMENT OF LABOR AND INDUSTRY, RESPONDENTS

Appeal from the Order of the State Civil Service Commission in case of Olga F. Taylor v. Lansdale Office, Department of Labor and Industry, No. 3436.

COUNSEL

Charles R. Pedri, Laputka, Bayless, Ecker & Cohn, P.C., for petitioner.

Earl R. Dryer, Deputy Counsel, for respondents.

Judges Blatt, Williams, Jr. and Craig, sitting as a panel of three. Opinion by Judge Craig.

Author: Craig

[ 67 Pa. Commw. Page 595]

Olga Taylor appeals an order by the State Civil Service Commission which dismissed a complaint based on the non-selection of her for the position of Unemployment Claims Examiner I in the Lansdale office of the Department of Labor and Industry, Office of Employment Security, on the ground that she filed the complaint too late.

After the petitioner had applied for the position pursuant to a job vacancy notice posted on December 2, 1980, she learned that she had not been selected to fill the vacancy only when the successful applicant reported to work on February 26, 1981.

The petitioner asserts that her March 26, 1981 appeal was timely because she never received written notice of the other employee's promotion to fill the vacancy, which she claims was "personnel action" within the terms of Section 950 of the Civil Service Law.*fn1

[ 67 Pa. Commw. Page 596]

Examination of the regulations relating to that section*fn2 reveals that an employee-applicant is not entitled to written notice of non-selection to fill a vacancy. The notice requirement protects only those

[ 67 Pa. Commw. Page 597]

    directly subject to personnel action such as transfer, appointment or suspension from a violation of their due process right to be apprised of any change in employment status. Rizzo v. Civil Service Commission, 17 Pa. Commonwealth Ct. 474, 333 A.2d 212 (1975).

In any event, the petitioner received actual notice of the non-selection of her on February 26, when the successful applicant assumed the position. See Butler v. Civil Service Commission and Department of Health, 57 Pa. Commonwealth Ct. 406, 426 A.2d 239 (1981).

Because the petitioner's March 26 appeal was later than the twenty-day period following the "alleged violation," as provided by Section 951(b),*fn3 the Civil Service Commission did not err in dismissing her challenge as untimely.

Order

Now, July 23, 1982, the order of the State Civil Service Commission, Appeal No. 3436, dated May 14, 1981, is affirmed.

Disposition

Affirmed.


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