Pennsylvania State Corrections Officers Ass'n v. State Civil Service Commission

DISSENTING OPINION BY

Judge SMITH-RIBNER.

I respectfully dissent from reversal of the decision of the State Civil Service Commission (Commission) holding that Article 27, § 2 of the Collective Bargaining Agreement (CBA) between the Pennsylvania State Corrections Officers Association (PSCOA) and the Department of Corrections (Department) is plainly in conflict with seniority provisions of the Civil Service Act, Act of August 5, 1941, P.L. 752, as amended, 71 P.S. §§ 741.1-741.1005, and therefore is invalid and unenforceable. The majority has provided a description of the facts and the procedures…