McHale v. Commonwealth

Concurring and Dissenting Opinion by

Judge Doyle:

I respectfully dissent from that portion of the majority opinion which holds that Petitioner was demoted. In applying the definition of demotion found at Section 3(r) of the State Civil Service Act,1 to the present case, the majority writes:

[T]he fact that petitioners current rate of compensation remained the same is irrelevant to determining whether he was demoted. What is important is that the maximum salary for a Traffic Control Specialist Supervisor during the time *154when petitioner was reassigned was higher than the maximum salary for a…