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WAYNE C. WILKIE v. STATE CORRECTIONAL INSTITUTION AT GRATERFORD (03/18/86)

decided: March 18, 1986.

WAYNE C. WILKIE, PETITIONER
v.
STATE CORRECTIONAL INSTITUTION AT GRATERFORD, BUREAU OF CORRECTION, RESPONDENT



Appeal from the Order of the Pennsylvania State Civil Service Commission in the case of Wayne C. Wilkie v. State Correctional Institution at Graterford, Appeal No. 4713.

COUNSEL

Luke F. McLaughlin, III, Reynolds, McLaughlin, Josel & Reynolds, for petitioner.

David B. Farney, Assistant Counsel, for respondent.

Judges Rogers and MacPhail, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Judge MacPhail.

Author: Macphail

[ 95 Pa. Commw. Page 628]

Wayne C. Wilkie (Petitioner) appeals here an order of the State Civil Service Commission (Commission) which dismissed his appeal of a demotion by the Bureau of Correction (Bureau) from his position as Corrections Officer II, probationary status, to Corrections Officer I, regular status at the State Correctional Institution at Graterford.*fn1 We affirm the Commission's order.

[ 95 Pa. Commw. Page 629]

The Commission made the following pertinent findings of fact:

1. By letter dated August 9, 1983, [Petitioner] . . . was demoted from Corrections Officer II, probationary status, to Corrections Officer I, regular status, effective August 9, 1983, for failure to follow an order to sign an attendance roster.

3. On July 29, 1983, the appointing authority [(Bureau)] conducted a training session on the subject of the institution's emergency plan.

4. At the beginning of the training session, the training supervisor explained to the trainees that their signatures were required on an attendance roster only for purpose [sic] of verifying that the employees had attended the training session.

5. Despite this explanation, [Petitioner] . . . refused an order to sign the roster, believing that his signature would be an admission that he thoroughly understood all of the ...


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