Pesta v. Department of Corrections

Christine Pesta appeals a decision of the Public Employees Relations Commission (PERC) dismissing her career service appeal on grounds PERC lacked subject matter jurisdiction. Because PERC does have jurisdiction to decide whether Ms. Pesta’s employer, the Department of Corrections (DOC), had cause to terminate her employment, we reverse and remand for further proceedings.

Ms. Pesta began as a career service employee with DOC in 1996, and was promoted to Correctional Officer Captain in July of 2008. On May 12, 2009, while she was still on probationary status as captain, DOC issued an…