PRINTER'S NO. 3746
No. 2653 Session of 1976
INTRODUCED BY McCUE, VALICENTI, GEISLER AND GRIECO,
SEPTEMBER 22, 1976
REFERRED TO COMMITTEE ON LABOR RELATIONS, SEPTEMBER 22, 1976
AN ACT
1 Amending the act of August 5, 1941 (P.L.752, No.286), entitled
2 "An act regulating and improving the civil service of certain
3 departments and agencies of the Commonwealth; vesting in the
4 State Civil Service Commission and a Personnel Director
5 certain powers and duties; providing for classification of
6 positions, adoption of compensation schedules and
7 certification of payrolls; imposing duties upon certain
8 officers and employes of the Commonwealth; authorizing
9 service to other State departments or agencies and political
10 subdivisions of the Commonwealth in matters relating to civil
11 service; defining certain crimes and misdemeanors; imposing
12 penalties; making certain appropriations, and repealing
13 certain acts and parts thereof," further providing for the
14 furlough of employes.
15 The General Assembly of the Commonwealth of Pennsylvania
16 hereby enacts as follows:
17 Section 1. Section 802, act of August 5, 1941 (P.L.752,
18 No.286), known as the "Civil Service Act," amended October 7,
19 1974 (P.L.676, No.226), is amended to read:
20 Section 802. Furlough.--In case a reduction in force is
21 necessary in the classified service, no employe shall be
22 furloughed while any probationary or provisional employe is
23 employed in the same class in the same department or agency, and
24 no probationary employe shall be furloughed while a provisional
1 employe is employed in the same class in the same department or
2 agency. An employe shall be furloughed only if at the time he is
3 furloughed, he is [within] the lowest [quarter] among all
4 employes of the employer in the same class on the basis of
5 [their last regular service ratings, and within this quarter he
6 shall be furloughed in the order of seniority] total continuous
7 State service, and then only after he has been given the option,
8 if qualified of taking the position of any employe in his
9 department or agency with less total continuous State service,
10 unless there is in existence a labor agreement covering the
11 employes to be furloughed, in which case the terms of such labor
12 agreement relative to a furlough procedure shall be controlling.
13 [Provided, That the appointing authority may limit the
14 application of this provision in any particular instance to
15 employes in the same class, classification series or other
16 grouping of employes as referred to in any applicable labor
17 agreement, and which are in the same department or agency with
18 headquarters at a particular municipality, county or
19 administrative district of the Commonwealth.]
20 A furloughed employe shall have the right of return to any
21 class and civil service status which he previously held,
22 provided such class is contained in the current classification
23 plan of the agency; or to any class and civil service status in
24 the same or lower grade, provided that he meets the minimum
25 qualifications given in the classification plan of the agency.
26 The appointing authority shall promptly report to the director
27 the names of employes furloughed, together with the date the
28 furlough of each is effective and the character of his services.
29 Under the rules a regular employe furloughed shall for a period
30 of one year be given preference for reemployment in the same
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1 class of position from which he was furloughed and shall be
2 eligible for appointment to a position of a similar class in
3 other agencies under this act unless the terms of an existing
4 labor agreement preclude the employe from receiving the
5 preferential treatment contained in this section in which event
6 the terms of the labor agreement shall be controlling, provided
7 that in case of a promotion of another employe such preference
8 shall not be effective if it necessitates furloughing such other
9 employe unless the terms of an existing labor agreement require
10 that such preferential treatment shall be given to the
11 furloughed employe.
12 Section 2. This act shall take effect immediately.
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