Pivarnik v. Commonwealth

Opinion by

Judge Blatt,

David J. Pivarnik (petitioner) appeals here from >a decision of the Pennsylvania Department of Transportation (PennDOT), discharging him from his position as a Highway Maintenance Manager 1.

The facts are not in dispute. In August, 1981, PeuuDOT hired the petitioner on a 12-mouth prohationary basis for a non-union, non-civil service position. It supplied him with a copy of its employee handbook which contains, among other things, a procedure for filing employee grievances, and, following his dismissal in October, 1982, he filed a grievance which proceeded through a third…