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McVICKAR v. PennDOT

No. 2289 C.D. 1976.

36 Pa.Commw. 561 (1978)

Malcolm H. McVickar, Petitioner v. Commonwealth of Pennsylvania, Department of Transportation, Respondent.

Commonwealth Court of Pennsylvania.

July 18, 1978.

Attorney(s) appearing for the Case

John M. Gallagher, Jr., with him Jack Brian, and Richard, Brian, DiSanti & Hamilton, for petitioner.

Frank A. Fisher, Jr., Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Robert P. Kane, Attorney General, for respondent.

Argued February 3, 1978, before Judges ROGERS, BLATT and DiSALLE, sitting as a panel of three.

OPINION BY JUDGE DiSALLE, July 18, 1978:

The petition for review filed in this case requests that this Court review a decision of the Department of Transportation (PennDOT) Personnel Hearing Board. The Board sustained a decision to suspend Malcolm H. McVickar (Petitioner) from his position for 5 days.

The Petitioner is a patronage employe working for PennDOT. His position is held under neither a labor agreement nor the Civil Service Act. On January 22, 1976...

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