DEPT. OF PUBLIC WELFARE v. RUSSELL

Nos. 2350 C.D. 1981, 2351 C.D. 1981, 2352 C.D. 1981, 2353 C.D. 1981, 2354 C.D. 1981, 2355 C.D. 1981, 2356 C.D. 1981, 2357 C.D. 1981, 2358 C.D. 1981, 2359 C.D. 1981, 2360 C.D. 1981, 2361 C.D. 1981, 2362 C.D. 1981, 2363 C.D. 1981, 2364 C.D. 1981, 2365 C.D. 1981, 2366 C.D. 1981, 2367 C.D. 1981, and 2436 C.D. 1981.

77 Pa.Commw. 390 (1983)

Eastern Pennsylvania Psychiatric Institute, Department of Public Welfare, Petitioner v. Portia Russell, Respondent. Eastern Pennsylvania Psychiatric Institute, Department of Public Welfare, Petitioner v. Martha T. Kratky, Respondent. Eastern Pennsylvania Psychiatric Institute, Department of Public Welfare, Petitioner v. Frederick Newman, M.D., Respondent. Eastern Pennsylvania Psychiatric Institute, Department of Public Welfare, Petitioner v. Donald O. Rudin, M.D., Respondent. Eastern Pennsylvania Psychiatric Institute, Department of Public Welfare, Petitioner v. David Levitt, M.D., Respondent. Eastern Pennsylvania Psychiatric Institute, Department of Public Welfare, Petitioner v. Samuel M. Peacock, Jr., M.D., Respondent. Eastern Pennsylvania Psychiatric Institute, Department of Public Welfare, Petitioner v. Paul Mueller, M.D., Respondent. Eastern Pennsylvania Psychiatric Institute, Department of Public Welfare, Petitioner v. Walter W. Baker, Respondent. Eastern Pennsylvania Psychiatric Institute, Department of Public Welfare, Petitioner v. Joanne Antanavage, Respondent. Eastern Pennsylvania Psychiatric Institute, Department of Public Welfare, Petitioner v. Teofila Artymyshyn, Respondent. Eastern Pennsylvania Psychiatric Institute, Department of Public Welfare, Petitioner v. Carolyn Dunlap, Respondent. Eastern Pennsylvania Psychiatric Institute, Department of Public Welfare, Petitioner v. Roy L. Joshlin, Respondent. Eastern Pennsylvania Psychiatric Institute, Department of Public Welfare, Petitioner v. Alma E. Lloyd, Respondent. Eastern Pennsylvania Psychiatric Institute, Department of Public Welfare, Petitioner v. Hadassah Freifelder, Respondent. Eastern Pennsylvania Psychiatric Institute, Department of Public Welfare, Petitioner v. Irma Kostyk, Respondent. Eastern Pennsylvania Psychiatric Institute, Department of Public Welfare, Petitioner v. Patricia S. Lewis, Respondent. Eastern Pennsylvania Psychiatric Institute, Department of Public Welfare, Petitioner v. Sarah W. Perry, Respondent. Eastern Pennsylvania Psychiatric Institute, Department of Public Welfare, Petitioner v. Dolores J. Smith, Respondent. Portia Russell et al., Petitioners v. Eastern Pennsylvania Psychiatric Institute, Department of Public Welfare, Respondent.

Commonwealth Court of Pennsylvania.

October 3, 1983.


Attorney(s) appearing for the Case

James S. Marshall, Assistant Counsel, for petitioner, Department of Public Welfare.

Michael I. Levin, Cleckner and Fearen, for respondents, Portia Russell et al.

Stephen W. Wilson, Murphy and Slota, for respondent, Frederick L. Newman, M.D.

Argued February 2, 1983, before President Judge CRUMLISH, JR. and Judges MacPHAIL and DOYLE, sitting as a panel of three.


OPINION BY JUDGE DOYLE, October 3, 1983:

The Department of Public Welfare (DPW) here appeals the decision and order of the Pennsylvania State Civil Service Commission (Commission) which sustained in part and overruled in part DPW's furlough of eighteen individual employees. Sixteen of the eighteen furloughed employees cross-appeal.

The employees involved in these appeals1 formerly held positions on the research staff of the Eastern...

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