Pennsylvania Code
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COMMONWEALTH OF PENNSYLVANIA

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37 Pa. Code § 127.9. Appeal.

§ 127.9. Appeal.

 (a)  If the Commission finds that the action complained of was taken with just cause, the employe shall have the right to have the matter submitted to arbitration within 15 days of the issuance of the Commission’s conclusions.

 (b)  The matter will be submitted for hearing by the Commission to the American Arbitration Association. The arbitration hearing will be a de novo hearing on the issue upon which the personnel action was based. The hearing will be private unless otherwise requested in writing by the employe against whom the action was taken; provided however, that no confidential information involving the work of the Commission will be presented in a public hearing without the consent of the Commission. At such arbitration hearing, all testimony shall be recorded by a competent public stenographer and in the case of a public hearing, the record of the hearing shall be made part of the public record of the Commission. The arbitrator shall confine himself to the precise issue upon which the action was based and shall have no authority to determine any other issues. The decision of the arbitrator shall be final and binding on the employe and the Commission and may not be appealed further. The Commission will request that the arbitrator issue his decision within 30 days after the arbitration hearing or receipt of the transcript of said hearing.

 (c)  All fees and expenses of the arbitrator and the public stenographer will be borne by the Commission. Either party desiring a record of the proceedings shall pay for such record.

Cross References

   This section cited in 37 Pa. Code §  127.4 (relating to demotions); 37 Pa. Code §  127.5 (relating to suspension); and 37 Pa. Code §  127.6 (relating to retirement).


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