Pennsylvania State Corrections Officers Ass'n v. State Civil Service Commission, 595 Pa. 548

Summary

The Supreme Court of Pennsylvania held that the Pennsylvania State Civil Service Act's seniority protections conflicted with a collective bargaining agreement provision that treated an employee's promotion out of a bargaining unit and subsequent return as a break in service. Applying the Pennsylvania Employee Relations Act, the court concluded that the statute prevailed over the inconsistent collective bargaining agreement provisions. The court reversed the Commonwealth Court and reinstated the State Civil Service Commission's adjudication.

Holdings

1. The collective bargaining agreement's treatment of a promotion out of the H1 bargaining unit as a break in service, with resulting forfeiture of seniority, conflicts with the State Civil Service Act's protection of seniority during continuous employment in the classified service.
2. A collective bargaining agreement may not redefine seniority or provide for forfeiture of seniority in a manner inconsistent with the State Civil Service Act.
3. Jenkins's seniority must be calculated under the State Civil Service Act, including his prior service in the CO2 class and H1 bargaining unit before his promotion to CO3.

Questions Presented

1. Whether the State Civil Service Act and the collective bargaining agreement define and apply seniority differently for furlough and promotion purposes.
2. Whether the collective bargaining agreement's provision forfeiting seniority after a promotion out of and return to the bargaining unit conflicts with the State Civil Service Act.
3. Whether, under section 703 of the Pennsylvania Employee Relations Act, the State Civil Service Act controls when the collective bargaining agreement conflicts with the statutory seniority protections.

Disposition

reversed