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TRUAX v. PENNDOT

No. 648 C.D. 1978.

41 Pa.Commw. 525 (1979)

George D. Truax, a/k/a George B. Truax, Petitioner v. Commonwealth of Pennsylvania, Department of Transportation, Respondent.

Commonwealth Court of Pennsylvania.

April 6, 1979.

Attorney(s) appearing for the Case

Newton C. Taylor, with him Robert B. Stewart, III, for petitioner.

Frank A. Fisher, Jr., Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Gerald Gornish, Acting Attorney General, for respondent.

Argued March 7, 1979, before President Judge BOWMAN and Judges WILKINSON, JR., MENCER, ROGERS, BLATT, DiSALLE and MacPHAIL. Judges CRUMLISH, JR. and CRAIG did not participate.

OPINION BY JUDGE ROGERS, April 6, 1979:

The appellant, George D. Truax, a regular status civil service employe of the Department of Transportation, was furloughed assertedly by reason of overstaffing in Highway District 9-0 to which he was attached. His furlough was effected by application of a provision of a collective bargaining agreement between the Commonwealth and a Union representing affected employes, as provided by the amendment of Section 802 of the Civil...

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