Pennsylvania State Corrections Officers Ass'n v. State Civil Service Commission

939 A.2d 296, 595 Pa. 548, 2007 Pa. LEXIS 2875, 183 L.R.R.M. (BNA) 2680
CourtSupreme Court of Pennsylvania
DecidedDecember 27, 2007
Docket120 MAP 2006
StatusPublished
Cited by3 cases

This text of 939 A.2d 296 (Pennsylvania State Corrections Officers Ass'n v. State Civil Service Commission) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Pennsylvania State Corrections Officers Ass'n v. State Civil Service Commission, 939 A.2d 296, 595 Pa. 548, 2007 Pa. LEXIS 2875, 183 L.R.R.M. (BNA) 2680 (Pa. 2007).

Opinions

OPINION

Justice BAER.

The State Civil Service Commission (Commission) and Appellant Dennis N. Jenkins, Sr. (Appellant), appeal the order of the Commonwealth Court directing Appellant’s employer, the Department of Corrections (DOC), to calculate his seniority, for purposes of furlough and promotion, in accordance with the collective bargaining agreement (CBA), rather than the State Civil Service Act, 71 P.S. §§ 741.1-741.1005 (the Act). The questions we address are whether, with respect to furlough and promotion, the Act and the CBA define and apply seniority differently, and if so, the consequence of any conflict. We conclude that the CBA’s definitions of seniority and the loss of seniority conflict with those of the Act. We further conclude that given this conflict, the DOC is required to follow the dictates of the Act.1 Accordingly, we reverse the order of the Commonwealth Court and reinstate the Commission’s adjudication.

While the facts of this case are not in dispute, to understand them in the context of the legal issues presented, it is first necessary to review the applicable provisions of the Act and the CBA. The Act defines the classified service to include all positions in enumerated departments of the state (other than certain managerial-type and unskilled laborers positions not implicated here). See Section 3(d)(l)-(15) of the Act, 71 P.S. § 741.3(d)(l)-(15); Geary v. U.S. Steel Corp., 456 Pa. 171, 319 [551]*551A.2d 174, 184 (1974). Section 807.2 of the Act, 71 P.S. § 741.809, establishes the seniority of all individuals employed within the classified service. In addition to the overarching category of seniority for all employees within the classified service, this Section also establishes two narrower categories within which seniority can accrue or be lost by a civil service employee. They are the more constricted category of “classification series” seniority, which includes all periods of employment in a particular classification series contained within the classified service, and the third and narrowest designation of “class seniority,” which is the seniority accrued within a specific job “class” within a “classification series” which, in turn, is within the “classified service.” See Section 807.2 of the Act, 71 P.S. § 741.809.2

Thus, the first and broadest category of seniority is seniority in the classified service. This begins with the date of first civil service employment regardless of the civil service classification series and class, and continues to accrue without regard to how many positions the employee holds in any particular classification series or class. See Section 807.2, 71 P.S. § 741.809. The second category of seniority involves classification series and includes all periods of employment in any peculiar classification series, regardless of the number of classes occupied within that series. The final seniority category involves individual classes of employment and includes periods within one particular class, which is, by definition, [552]*552always within the same classification series and within the classified service.

Additionally, the Act’s implementing regulation, 4 Pa.Code § 101.71(a), speaks to the impact upon furloughs and promotions of movement from one classification series to another and from one class to another within a classification series. The regulation specifies that such movements do not impact accrual and retention of seniority so long as the positions held by an employee are all within the classified service in accord with Section 807.2 of the Act, 71 P.S. § 741.809. Under the Act and its regulations, therefore, a promotion, demotion or lateral transfer from one classification series to another or from one class to another does not result in a break-in-service impacting seniority so long as the promotion is within the classified service.

Finally, the Act provides that a movement between positions within the classified service, whether such movement is a promotion, demotion or transfer, is not complete until the expiration of a three-month probationary period, see Section 603, 71 P.S. § 741.603. During these three months, the relocating employee has the option to return to his prior position without loss of seniority. Section 804.1(b), 71 P.S. § 741.804a(b).

Unfortunately, the CBA employs different terminology and mandates different consequences for employees moving within the classified service. Implicitly, like the Act, the broadest category of employment is the classified service. However, the CBA’s second broadest demarcation is “bargaining units” rather than the Act’s “classification series.” The difficulty with this distinction, which, in part, lies at the heart of this case, is that the CBA’s bargaining units do not encompass every class or classification series under the Act. The third and narrowest demarcation is referred to as a “classification” rather than a “class,” which is the term employed by the Act.3 [553]*553However, this distinction does not seem to present the same problem, as a CBA “classification” and an Act “class” are apparently coterminous.

As noted, the numerous CBA bargaining units within the classified service do not always correlate with the Act’s various classification series. Thus, an employee moving under the Act from class to class and therefore moving under the CBA from classification to classification can stay within a classification series for purposes of the Act, but, nevertheless, move from one bargaining unit to another bargaining unit for purposes of the CBA. The importance of this for purposes of the case before us is that the Act uses seniority within the classified service to determine priority among employees for furlough, and the CBA uses bargaining unit seniority for the same purpose; resulting in one of the conflicts between the Act and CBA.

Also, importantly for purposes of this dispute is the Act’s and CBA’s disparate treatment of a classified service employee accepting a promotion. Under the Act, an employee changing classification series or classes has three months to unilaterally decide to return to his previous position. Section 804.1(b), 71 P.S. § 741.804a(b). If he does so, he maintains all seniority, regardless of the hiatus. See Section 807.2, 71 P.S. § 741.809. Conversely, under the CBA, once an employee leaves a bargaining unit, he immediately loses all seniority for both furlough and promotion. CBA, Article 27, § 2. If such employee returns within the three-month window provided by the Act, or, indeed, three days later, it is as if he has been hired into the classified service for the first time. Id. Thus, for purposes of furlough and promotion, he is the most junior employee in the bargaining unit and/or classification.

[554]*554Finally, before turning to the facts of this case, it is important to recognize that the Pennsylvania Employee Relations Act (PERA), 43 P.S. § 1101.703, contains a provision that any conflict between a statute and collective bargaining agreement must be resolved in favor of the statute:

The parties to the collective bargaining process shall not effect or implement a provision in a collective bargaining-agreement if the implementation of that provision would be in violation of, or inconsistent with, or in conflict with any statute or statutes enacted by the General Assembly of the Commonwealth of Pennsylvania or the provisions of municipal home rule charters.

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939 A.2d 296, 595 Pa. 548, 2007 Pa. LEXIS 2875, 183 L.R.R.M. (BNA) 2680, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pennsylvania-state-corrections-officers-assn-v-state-civil-service-pa-2007.