64 Pa. Commw. 599 | Pa. Commw. Ct. | 1982
Opinion by
This is an appeal by Barry K. Snyder from an order of the State Civil Service Commission (Commission) . The Commission dismissed an earlier appeal filed by appellant. In that appeal, appellant charged his employer with engaging in discriminatory practices when it failed to promote him to a vacancy in a higher job classification.'
Appellant was employed as a Civil Engineer 11(E) by the Pennsylvania Department of Transportation (Department). He was so employed from September, 1972 until June, 1978, when he was furloughed.
Prior to appellant’s furlough, he applied for a promotion to the position of Civil Engineer III(E). That job had become vacant in March, 1978 when a Department employee resigned the position. Although his
In late June, 1978, the unoccupied position was filled by the voluntary demotion of a Civil Engineer IV. At that time, appellant received notice of his furlough.
As a result of his non-promotion, Snyder filed an appeal on June 29, 1980 with the Commission. He alleged therein that his promotion was denied for non-merit reasons. Such a denial, appellant asserted, constituted discriminatory behavior by the Department of Transportation, Appointing Authority, in violation of the Civil Service Act (Act).
Appellant’s appeal to this Court is based on allegations virtually identical to those he raised at the hearing before the Commission. We will begin by addressing ourselves to the issue of whether the Appointing Authority employed discriminatory practices in failing to promote appellant to the position of Civil Engineer 111(E). We think not.
We turn now to appellant’s second assertion. It is appellant’s position that the Act requires that vacancies be filled through the process of promotion. In support of that contention, appellant directs our attention to Section 501 of the Act.
As far as in the judgment of the commission consistent with the best interest of the Commonwealth, vacancies shall be filled by promotions.
It is apparent in reading the above quoted language that vacancies will be filled by promotions only if the Commission deems such action to be in the best interest of the Commonwealth. Section 501 does not, as appellant urges, mandate that open positions be filled
In addition, were we to accept appellant’s explanation of Section 501 of the Act, we would, in essence, be invalidating the voluntary demotion procedures of Section 706 of the Act.
Finally, we will discuss appellant’s argument that the Appointing Authority failed to comply with the law when it did not fill the unoccupied position within thirty (30) days of the vacancy. Again, we find appellant’s allegation to be erroneous and meritless.
Section 602 of the Civil Service Act
On appeal to this Court, an adjudication of the Commission shall be affirmed unless it appears that such was not in accordance with the law, that any finding of fact necessary to support the adjudication is not supported by the evidence, or that the constitutional rights of the appellant have been violated. Department of Transportation v. State Civil Service Commission, 5 Pa. Commonwealth Ct. 263, 290 A.2d 434 (1972). For the reasons set forth, this Court concludes that the findings of the Commission are supported by substantial evidence and that no error of law has been committed. Accordingly, we must affirm the Commission’s order.
Order
And Now, the 19th day of February, 1982, the order of the Civil Service Commission dated November 19, 1979 is affirmed.
Act of August 5, 1941, P.L. 752, as amended 71 P.S. §§741.1 et seq.
Appellant cites 71 P.S. §741.501 in support of his argument.
Appellant cites 71 P.S. §741.602 in support of his argument.
71 P.S. §741.501.
71 P.S. §741.706.
Section 706 provides in part:
A demotion may also be made by an appointing authority with the approval of the director upon the written petition of the employe stating the reasons therefor and supported by such evidence as the director may require to show that the employe is able to perform the duties of the class of position to which he petitions that he be demoted.
71 P.S. §741.602.