CSC reinstates fired Port worker

by Mindy Aguon

Guam - Former Port Authority of Guam controller Jose Guevara won his case against his former employer. The Civil Service Commission on Thursday night voted in favor of Guevara, who appealed his termination and argued that management had no grounds to fire him and failed to serve his adverse action within the 60-day rule. In fact, he alleges management served the action two days late.

Guevara was among seven Port workers who were terminated for their alleged involvement in a scheme to defraud the government and cover it up. The Commission's decision however was not unanimous. Commissioner Priscilla Tuncap abstained from voting. She said, "This is not our jurisdiction because he's a classified employee, but he's under administrative but administrative within the organization he makes decisions for the staff. You're the supervisor of your section, you handled how many people? Sixteen to seventeen. See, he's managements. That's what I'm saying we don't have any rule management versus management we can hear because we don't have any rules on that."

Tuncap wanted to hear the merits of the case because management includes first line supervisors.  Acting chairperson Manny Pinauan and three other commissioners however voted in favor of management, saying, "The final notice of adverse action issued on December 18, 2012 makes the interval between the two events to expand to 62 days therefore management violated the 60 day statute and the adverse action is therefore barred."

Commissioner Edith Pangelinan voted in favor of management.  The Commission's ruling is the fourth reinstatement of terminated Port workers, but the agency has not allowed any of the employees to return to work as they wait for the judgments of dismissal to be signed before deciding if an appeal will be taken up with the superior court.