Legal Opinion
McCain v. Commonwealth, Department of Education
Commonwealth Court of Pennsylvania
Decided January 13, 1983No. Appeal, No. 1409 C.D. 1981PublishedCited by 16 opinions
1Opinion of the Court
Opinion by
Judge Rogers,
Thomas McCain, an electronic system technician employed by East Stroudsburg State College, appeals from an order of the State Civil Service Commission dismissing his appeal from a three day disciplinary suspension.
Two issues are raised; whether the petitioner’s conduct which we are about to describe constituted insubordination within the meaning of the Commission’s regulations found at 4 Pa. .Code §101.211 and whether this conduct was constitutionally protected *167speech on which no disciplinary action conld be properly based. The pertinent factual findings of the…
2Cases cited5 opinions
- Mt. Healthy City School District Board of Education v. DoyleSupreme Court of the United States · 1977
- Pickering v. Board of Ed. of Township High School Dist. 205, Will Cty.Supreme Court of the United States · 1968
- Corder v. Civil Service CommissionCommonwealth Court of Pennsylvania · 1971
- Lebanon County Board of Assistance v. Commonwealth, Unemployment Compensation Board of ReviewCommonwealth Court of Pennsylvania · 1975
- West Middlesex Area School District v. Commonwealth, Pennsylvania Labor Relations BoardCommonwealth Court of Pennsylvania · 1980
3Cited by16 opinions
- Shade v. Pennsylvania State Civil Service CommissionCommonwealth Court of Pennsylvania · 2000
- Salvati v. Berks County Board of AssistanceCommonwealth Court of Pennsylvania · 1984
- Rosselli v. Reading Housing AuthorityCommonwealth Court of Pennsylvania · 1988
- Toland v. State Correctional InstitutionCommonwealth Court of Pennsylvania · 1986
- Bruggeman v. State Civil Service CommissionCommonwealth Court of Pennsylvania · 2001
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