where agency refuses to hear merits of grievance, ruling merely that grievance procedures unavailable to particular individual, action is not an adjudication; grievant’s remedy in mandamus
How later courts described this case
- where agency refuses to hear merits of grievance, ruling merely that grievance procedures unavailable to particular individual, action is not an adjudication; grievant’s remedy in mandamus
Written by the judges who cited it.
The opinion
Dissenting Opinion by
Judge Blatt:
I respectfully dissent.
In March of 1972 an employment program in which the appellants were involved was terminated, and they were then reclassified and allegedly demoted. They overlooked or disregarded a then existing grievance procedure and took no formal action whatever until *26 sometime after October of 1975, when they filed a grievance pursuant to a new, and more formal, grievance procedure then in effect. It seems to me that the doctrine of laches bars their institution of a grievance here, when three and one-half years have elapsed since the alleged demotions occurred.
The application of the equitable doctrine of laches does not depend upon the fact that a certain definite time has elapsed since the cause of action accrued, but whether, under the circumstances of the particular case, the complaining party is guilty of want of due diligence in failing to institute his action to another’s prejudice. The question of laches is factual and to be determined by an examination of the circumstances. (Citations omitted.) (Emphasis added.)
Wilson v. King of Prussia Enterprises, Inc., 422 Pa. 128, 133 , 221 A.2d 123, 126 (1966).
An administrative department, which is constantly in the process of appointing and promoting personnel, would be greatly prejudiced by being required to reconsider actions taken three and one-half years previous to the filing of a formal protest of such action and I would, therefore, affirm the Secretary of Administration’s denial at this time of a hearing on the appellants’ grievance.