Appeal from the Order of the State Civil Service Commission in the case of Homer L. Gelbaugh, Appeal No. 4604, dated August 15, 1984.
James S. Marshall, Assistant Counsel, for petitioner.
James L. Walsh, Melman, Gekas, Nicholas & Lieberman, for respondent.
Judges MacPhail and Colins, and Senior Judge Blatt, sitting as a panel of three. Opinion by Judge Colins.
[ 96 Pa. Commw. Page 230]
The Office of Medical Assistance, Department of Public Welfare, (petitioner) seeks review of an order of the State Civil Service Commission (Commission) reinstating Homer L. Gelbaugh (respondent) to his position of Welfare Program Specialist II (WPS II) with back pay. Respondent worked from March of 1981 to December of 1982 in the Division of Claims Review and headed petitioner's Medical Pended Claims Unit (MPCU). During 1982, petitioner contracted much of the duties of the MPCU to a private company, and reassigned seventy-five percent (75%) of the MPCU staff to two other units in the Division of Claims Review.
The Commission's pertinent findings of fact are as follows:
8. On December 5, 1982, appellant, who had just returned from a vacation, was told by his immediate supervisor that appellant's position had been abolished.
[ 96 Pa. Commw. Page 2319]
. The immediate supervisor also told appellant that appellant had the choice of accepting a lower-level position or 'walking the street.'
10. Beginning on December 6, 1982, appellant began reporting directly to the Director of the Division of Medical Assistance Management Information Systems (MAMIS).
11. Subsequent to December 6, 1982, the appointing authority's then WPS I, who had headed the pharmacy section of the MPCU, headed the remainder of the MPCU.
12. From December, 1982, to June, 1983, appellant, while being paid as a WPS II, was actually doing the duties of a Medical Assistance Program Specialist II (MAPS II), a lower-level classification, but ...