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PENNSYLVANIA SOCIAL SERVICES UNION v. COMMONWEALTH PENNSYLVANIA (04/22/86)

decided: April 22, 1986.

PENNSYLVANIA SOCIAL SERVICES UNION, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA BOARD OF PROBATION AND PAROLE, RESPONDENT



Appeal from the Order of the Bureau of Labor Relations in the case of In the Matter of the Arbitration between Commonwealth of Pennsylvania and Pennsylvania Social Services Union, Case No. 81-2203.

COUNSEL

Joyce Ullman, for petitioner.

Nathan C. Pringle, Jr., Assistant Counsel, with him, Robert Greevy, Counsel, and John D. Raup, Chief Counsel, for respondent.

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

Author: Colins

[ 96 Pa. Commw. Page 462]

The Pennsylvania Social Services Union (petitioner), in its capacity as collective bargaining representative for William Pryor (Pryor), petitions for review of an arbitration award upholding Pryor's dismissal for just cause by the Board of Probation and Parole (respondent). This matter is within the scope of the Public Employee Relations Act (PERA).*fn1

Respondent had hired Pryor in 1971 under the auspices of its "ex-offenders program," which gave exconvicts who had served time and been on parole an

[ 96 Pa. Commw. Page 463]

    opportunity to put their experience to the constructive good of the community while being gainfully employed. Pryor was employed as a Human Services Aide III and his duties encompassed serving as liaison between parolees and parole agents, conducting pre-parole investigations, assisting in pardon investigations, interviewing prospective parolees in prison, investigating the whereabouts of parole offenders who missed appointments, and so forth.

On March 21, 1980, Pryor was arrested in his home by Philadelphia Police Department detectives and charged with possession of controlled substances and possession with intent to deliver.*fn2 Police found on Pryor's person and in his home a number of controlled substances ranging from marijuana to assorted depressants, painkillers, and stimulants.*fn3 Pryor was also in possession of a .32 caliber Colt Revolver, although the gun appears to have been legally possessed and no charges were filed.

[ 96 Pa. Commw. Page 464]

On December 17, 1980, respondent sent Pryor a letter informing him he would be suspended for thirty (30) days pending investigation and final disposition of charges. On February 3, 1981, a second letter was sent extending his suspension nine (9) additional working days. On February 17, 1981, a third letter was sent terminating Pryor pending the outcome of the trial.

On March 3, 1981, the matter was listed for trial in Common Pleas Court in Philadelphia County. Counsel for Pryor presented a motion to suppress the drugs and other physical evidence as the fruits of an illegal search and seizure. This motion was granted on March 9, 1981, and on ...


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