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JOHN P. MCCLUSKEY ET AL. v. COMMONWEALTH PENNSYLVANIA (06/07/84)

decided: June 7, 1984.

JOHN P. MCCLUSKEY ET AL., PETITIONERS
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, RESPONDENT. PAUL M. BARONAK ET AL., PETITIONERS V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, RESPONDENT



Appeals from the Orders of the Pennsylvania State Civil Service Commission in cases of John P. McCluskey v. PennDOT, Appeal No. 1957; Rudolph P. Hillebrand, Jr. v. PennDOT, Appeal No. 1949; Lynn F. Cunningham v. PennDOT, Appeal No. 1941; James A. Bergey v. PennDOT, Appeal No. 1939; Ray A. Mitchell v. PennDOT, Appeal No. 1960; Dennis L. Diviney v. PennDOT, Appeal No. 1945; Colin M. Sedlak v. PennDOT, Appeal No. 1965 and Dennis L. Nelson v. PennDOT, Appeal No. 1961.

COUNSEL

Laurance B. Seaman, for petitioners.

Michael J. McCaney, Jr., with him, Frank A. Fisher, Jr., Assistant Attorney General, Robert W. Cunliffe, Deputy Attorney General, and Robert P. Kane, Attorney General, for Respondent.

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

Author: Colins

[ 83 Pa. Commw. Page 130]

This is a consolidated appeal of eight furloughed Pennsylvania Department of Transportation (DOT)

[ 83 Pa. Commw. Page 131]

    employees (petitioners) from Civil Service Commission (Commission) orders and opinions, sustaining their furloughs as proper under the Civil Service Act (Act).*fn1

Because of a lack of work, the petitioners, who were full-time employees assigned to District 2-0, Clearfield, were furloughed effective March 31, 1976, from their permanent positions as Draftsmen Designers and Draftsmen II.

The petitioners appealed their furloughs to the Pennsylvania Civil Service Commission which denied their appeals and refused to grant them a hearing. This Court ordered the Commission to hear these appeals and to enforce the Civil Service Act's requirements. Following a remand, a hearing was held before the Commission.*fn2 The Commission, by separate orders dismissed the appeals sustaining the action of the Department of Transportation (respondent). It is from these orders that the petitioners bring this appeal.

Under Section 704 of the Administrative Agency Law,*fn3 this Court is required to affirm an adjudication of the Civil Service Commission unless constitutional rights have been violated, an error of law has been committed, or a necessary finding of fact is not supported by substantial evidence.

The petitioners argue that the Commission's conclusion that they were properly ...


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