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ALEXANDER A. RENESKI v. COMMONWEALTH PENNSYLVANIA (07/30/84)

decided: July 30, 1984.

ALEXANDER A. RENESKI, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF PUBLIC WELFARE, RESPONDENT



Appeal from the Order of the State Civil Service Commission in case of Alexander A. Reneski v. Department of Public Welfare, No. 3930.

COUNSEL

Samuel L. Spear, Meranze, Katz, Spear and Wilderman, for petitioner.

Gary Goldman, Assistant Counsel, for respondent.

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

Author: Craig

[ 84 Pa. Commw. Page 227]

Alexander Reneski, a former Personnel Analyst III, appeals from an order by the State Civil Service Commission (commission) which sustained his furlough from the Department of Public Welfare (DPW).

Although we have been asked to address a number of issues, we need only resolve the following question to determine if Mr. Reneski is entitled to reinstatement and backpay: Did the commission legally err by determining that management directives do not have the force of law? Because we conclude that it did, and that DPW consequently deprived Mr. Reneski of certain safeguards affecting his furlough rights, we reverse.

In 1980, the Secretary of DPW initiated a reorganization to consolidate, among other things, personnel functions being performed in (1) Harrisburg, (2) four regions of the Commonwealth, (3) counties and (4) major hospitals and institutions. Accordingly, by letter dated November 5, 1981, DPW informed Mr. Reneski that, effective December 4, 1981, it was furloughing him from his position as a Personnel Analyst III, regular status, for lack of work.

Appealing that determination to the commission, Mr. Reneski argued that, among other things, DPW had violated Management Directives 580.20 and 580.17.

Directive 580.20(4)(a) provides that "[u]nless previously submitted, within 60 calendar days from the issue date of this directive [January 30, 1981], agencies will identify furlough units . . . [for classes not covered by collective bargaining agreements] and submit a list of them in writing to the Executive Director, SCSC."

Directive 580.20(4)(e) provides that "[a]t least 30 calendar days before the effective date of furlough

[ 84 Pa. Commw. Page 228]

    action, agencies will furnish written notification to ...


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