Narkier v. Department of Health & Rehabilitative Services

This is an appeal from an order of the Public Employees Relations Commission (PERC) that determined it had no jurisdiction to hear an appeal filed by Joseph Narkier, whose status had been changed from a grade 17 position to a grade 18 position and several months later was changed back to a grade 17 position. The basis for the jurisdictional ruling was that appellant was a probationary employee in the higher position and therefore the reduction in his status did not give rise to a right to appeal. We reverse and remand for an evidentiary hearing.

The major factual dispute from which all of the…