Division of Social Services of the Department of Health & Social Services v. Burns

This appeal concerns the correctness of the State Personnel Commission’s interpretation of certain “Rules for a Merit System of Personnel Administration”, in particular Merit Rule 5.1010, relating to compensation for holiday service. For the reasons given below, we hold that the Commission’s inter pretation of the Rules is clearly wrong. 1 Consequently, we reverse the Commission’s award to Thomas Burns, a State employee, of one day’s holiday service pay under Rule 5.1010.

The parties agree as to the pertinent facts. Burns, a full-time social worker with the Division of Social Services, was…