Truax v. Commonwealth
Truax v. Commonwealth
Opinion of the Court
Opinion by
The appellant, George D. Truax, a regular status civil service employe of the Department of Transportation, was furloughed assertedly by reason of over-staffing in Highway District 9-0 to which he was attached. His furlough was effected by application of a provision of a collective bargaining agreement between the Commonwealth and a Union representing affected employes, as provided by the amendment of Section 802 of the Civil Service Act,
Truax makes a number of attacks upon the constitutional and statutory validity of the amendment. All, save one, raise questions which we fully discussed and disposed of in Scuoteguazza v. Department of Transportation, 41 Pa. Commonwealth Ct. 534, 399 A.2d 1159 (1979). In that case, which is controlling here, we upheld the amendment against all these attacks.
The one argument made by Truax not common to those made in Scuoteguassa v. Department of Transportation, supra, is that this record did not contain substantial competent evidence of the alleged over-staffing. This contention is based primarily on the asserted error of the Commission in admitting into
Order affirmed.
Order
And Now, this 6th day of April, 1979, the Order of the State Civil Service Commission is hereby affirmed.
Act of August 5, 1941, P.L. 752, as amended, 71 P.S. §741.802.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.