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Panel: Suspended Pittsburgh guards waited too long to appeal

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Wednesday, Oct. 10, 2012, 3:20 p.m.

Eight guards who were suspended during an investigation of inmate abuse at the SCI Pittsburgh Woods Run prison waited too long to challenge their suspensions, a seven-judge panel of the Commonwealth Court ruled Wednesday.

The collective bargaining agreement between the Department of Corrections and Pennsylvania State Corrections Officers Association gave the guards 15 days to file a grievance after they were suspended, but Harry Nicoletti, 60, of Coraopolis waited 28 working days and the other seven guards waited 87 working days, the ruling says.

An arbitrator in February ordered them reinstated with back pay. The ruling overturns that decision. Two of the eight guards were never charged and charges have been dismissed against two of the other guards. Their current employment status wasn't available.



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