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EASTERN PENNSYLVANIA PSYCHIATRIC INSTITUTE v. PORTIA RUSSELL (10/03/83)

decided: October 3, 1983.

EASTERN PENNSYLVANIA PSYCHIATRIC INSTITUTE, DEPARTMENT OF PUBLIC WELFARE, PETITIONER
v.
PORTIA RUSSELL, RESPONDENT. EASTERN PENNSYLVANIA PSYCHIATRIC INSTITUTE, DEPARTMENT OF PUBLIC WELFARE, PETITIONER V. MARTHA T. KRATKY, RESPONDENT. EASTERN PENNSYLVANIA PSYCHIATRIC INSTITUTE, DEPARTMENT OF PUBLIC WELFARE, PETITIONER V. FREDERICK NEWMAN, M.D., RESPONDENT. EASTERN PENNSYLVANIA PSYCHIATRIC INSTITUTE, DEPARTMENT OF PUBLIC WELFARE, PETITIONER V. DONALD O. RUDIN, M.D., RESPONDENT. EASTERN PENNSYLVANIA PSYCHIATRIC INSTITUTE, DEPARTMENT OF PUBLIC WELFARE, PETITIONER V. DAVID LEVITT, M.D., RESPONDENT. EASTERN PENNSYLVANIA PSYCHIATRIC INSTITUTE, DEPARTMENT OF PUBLIC WELFARE, PETITIONER V. SAMUEL M. PEACOCK, JR., M.D., RESPONDENT. EASTERN PENNSYLVANIA PSYCHIATRIC INSTITUTE, DEPARTMENT OF PUBLIC WELFARE, PETITIONER V. PAUL MUELLER, M.D., RESPONDENT. EASTERN PENNSYLVANIA PSYCHIATRIC INSTITUTE, DEPARTMENT OF PUBLIC WELFARE, PETITIONER V. WALTER W. BAKER, RESPONDENT. EASTERN PENNSYLVANIA PSYCHIATRIC INSTITUTE, DEPARTMENT OF PUBLIC WELFARE, PETITIONER V. JOANNE ANTANAVAGE, RESPONDENT. EASTERN PENNSYLVANIA PSYCHIATRIC INSTITUTE, DEPARTMENT OF PUBLIC WELFARE, PETITIONER V. TEOFILA ARTYMYSHYN, RESPONDENT. EASTERN PENNSYLVANIA PSYCHIATRIC INSTITUTE, DEPARTMENT OF PUBLIC WELFARE, PETITIONER V. CAROLYN DUNLAP, RESPONDENT. EASTERN PENNSYLVANIA PSYCHIATRIC INSTITUTE, DEPARTMENT OF PUBLIC WELFARE, PETITIONER V. ROY L. JOSHLIN, RESPONDENT. EASTERN PENNSYLVANIA PSYCHIATRIC INSTITUTE, DEPARTMENT OF PUBLIC WELFARE, PETITIONER V. ALMA E. LLOYD, RESPONDENT. EASTERN PENNSYLVANIA PSYCHIATRIC INSTITUTE, DEPARTMENT OF PUBLIC WELFARE, PETITIONER V. HADASSAH FREIFELDER, RESPONDENT. EASTERN PENNSYLVANIA PSYCHIATRIC INSTITUTE, DEPARTMENT OF PUBLIC WELFARE, PETITIONER V. IRMA KOSTYK, RESPONDENT. EASTERN PENNSYLVANIA PSYCHIATRIC INSTITUTE, DEPARTMENT OF PUBLIC WELFARE, PETITIONER V. PATRICIA S. LEWIS, RESPONDENT. EASTERN PENNSYLVANIA PSYCHIATRIC INSTITUTE, DEPARTMENT OF PUBLIC WELFARE, PETITIONER V. SARAH W. PERRY, RESPONDENT. EASTERN PENNSYLVANIA PSYCHIATRIC INSTITUTE, DEPARTMENT OF PUBLIC WELFARE, PETITIONER V. DOLORES J. SMITH, RESPONDENT. PORTIA RUSSELL ET AL., PETITIONERS V. EASTERN PENNSYLVANIA PSYCHIATRIC INSTITUTE, DEPARTMENT OF PUBLIC WELFARE, RESPONDENT



Appeals from the Order of the State Civil Service Commission in cases of Appeal of Walter N. Baker, No. 3310; Appeal of Paul Mueller, No. 3312; Appeal of Frederick Newman, No. 3313; Samuel Peacock, Jr., No. 3314; Appeal of Donald Rudin, No. 3316; Appeal of Joanne Antanavage, No. 3317; Appeal of Teofila Artymyshyn, No. 3318; Appeal of Carolyn Dunlap, No. 3319; Appeal of Hadassah Freifelder, No. 3320; Appeal of Roy Joshlin, No. 3322; Appeal of Irma Kostyk, No. 3323; Appeal of Martha Kratky, No. 3324; Appeal of David Levitt, No. 3325; Appeal of Patricial Lewis, No. 3326; Appeal of Alma E. Lloyd, No. 3328; Appeal of Sarah Perry, No. 3329; Appeal of Portia Russell, No. 3330; and Appeal of Dolores Smith, No. 3331, dated September 2, 1981.

COUNSEL

James S. Marshall, Assistant Counsel, for petitioner, Department of Public Welfare.

Michael I. Levin, Cleckner and Fearen, for respondents, Portia Russell et al.

Stephen W. Wilson, Murphy and Slota, for respondent, Frederick L. Newman, M.D.

President Judge Crumlish, Jr. and Judges MacPhail and Doyle, sitting as a panel of three. Opinion by Judge Doyle.

Author: Doyle

[ 77 Pa. Commw. Page 394]

The Department of Public Welfare (DPW) here appeals the decision and order of the Pennsylvania State Civil Service Commission (Commission) which sustained in part and overruled in part DPW's furlough of eighteen individual employees. Sixteen of the eighteen furloughed employees cross-appeal.

The employees involved in these appeals*fn1 formerly held positions on the research staff of the Eastern

[ 77 Pa. Commw. Page 395]

Pennsylvania Psychiatric Institute (EPPI), a state-owned facility created by statute to provide research, training, and service in the mental health field.*fn2

Anticipating a reduction in state funding for EPPI, DPW negotiated a contract with the Medical College of Pennsylvania (MCP) under which MCP would assume complete management of EPPI and continue the facility's present services. On August 14, 1980, DPW notified all state employees at EPPI that they would be furloughed on September 14, 1980, the effective date of the contract with MCP.

On September 12, 1980, the Commonwealth Court issued a preliminary injunction preventing DPW from proceeding on its contract with MCP.*fn3 In light of this development, DPW decided to continue operations at EPPI at a reduced level, rescinding the furloughs of some employees while keeping other furloughs, including those issued to employees of the research staff, in effect.

In December, 1980 the state legislature amended EPPI's enabling statute to provide clear authority for the private ...


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