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JOHN W. CAMPBELL v. COMMONWEALTH PENNSYLVANIA (03/01/84)

decided: March 1, 1984.

JOHN W. CAMPBELL, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF LABOR AND INDUSTRY, OFFICE OF EMPLOYMENT SECURITY, RESPONDENT



Original jurisdiction in case of John Campbell v. Commonwealth of Pennsylvania, Department of Labor and Industry, Office of Employment Security.

COUNSEL

John W. Campbell, petitioner, for himself.

Richard L. Cole, Jr., Chief Counsel, with him Richard C. Lengler, Assistant Chief Counsel, and Frank A. Fisher, Jr., Assistant Counsel, for respondent, Department of Labor and Industry.

Steven O. Newhouse, with him Frank A. Fisher, Jr., Assistant Counsels, and John D. Raup, Chief Counsel, for respondent, Office of Employment Security of the Department of Labor and Industry.

Judges Williams, Jr., Doyle and Barry, sitting as a panel of three. Opinion by Judge Williams, Jr.

Author: Williams

[ 80 Pa. Commw. Page 559]

In a petition for review directed to our original jurisdiction, petitioner John W. Campbell, acting pro se, seeks equitable relief from actions of the respondent, Department of Labor and Industry, Office of Employment Security (Department). Before us now are the Department's preliminary objections to the petition for review.

In September, 1982, petitioner was appointed by the Department to the position of Intermittent Intake Interviewer, Unemployment Claims. His employment

[ 80 Pa. Commw. Page 560]

    was conditioned on the day-to-day need for his services, and by letter dated July 29, 1983, the Department notified him that he would be placed in no-pay status, effective August 1, 1983. This action was taken by the Department based on petitioner's seniority, which was computed pursuant to Article 29, Section 21 of the collective bargaining agreement then in effect between the Commonwealth and the Pennsylvania Employment Security Employees' Association,*fn1 the union of which petitioner is a member.

On August 3, 1983, petitioner filed grievances under the procedures set forth by the aforesaid bargaining agreement, alleging that the Department, in computing his seniority standing, had violated Section 7107 of the Military Code (Code)*fn2 by failing to take

[ 80 Pa. Commw. Page 561]

    into account the time he had served in the armed forces during World War II. On August 9, 1983, he filed a petition for review with this Court in which he requested, inter alia : 1) reinstatement to his position as Intermittent Intake Interviewer, with backpay and benefits from August 1, 1983 to the present; 2) revision of the seniority list used for placing intermittent intake interviewers into no-pay status to reflect his military service; 3) an injunction restraining the Commonwealth from entering into any collective bargaining agreements which do not comply with Section 7107 of the Code; and ...


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