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STATE CORRECTIONS v. STATE CIVIL SERV.

939 A.2d 296 (2007)

PENNSYLVANIA STATE CORRECTIONS OFFICERS ASSOCIATION v. STATE CIVIL SERVICE COMMISSION (DEPARTMENT OF CORRECTIONS and Dennis N. Jenkins, Sr.), Appeal of State Civil Service Commission and Dennis N. Jenkins, Sr.

Supreme Court of Pennsylvania.

Decided December 27, 2007.

Attorney(s) appearing for the Case

Frederick C. Smith, Jr., Esq., PA Civil Service Commission, for State Civil Service Commission.

Harry L. Witte, Esq., Robinson & Geraldo, P.C., Harrisburg, for Dennis N. Jenkins, Sr.

Robin M. Lewis, Esq., Michael J. McGovern, Philadelphia, for Department of Corrections.

Marc Lawrence Gelman, Esq., Thomas W. Jennings, Esq., Jennings Sigmond, P.C., West Chester, for Pennsylvania State Corrections Officers Association.

BEFORE: CAPPY, C.J., and CASTILLE, SAYLOR, EAKIN, BAER, BALDWIN and FITZGERALD, JJ.

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...

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