dissenting.
I dissent. Until the close of business on August 8, 1984, the appellee, James C. McHale (McHale) held the supervisory position of “Traffic Control Specialist Supervisor” Pay Range 41 carrying a maximum annual salary of $29,233.00. When he returned to work at the start of business on August 9, 1984, he held the non-supervisory position of “Traffic Control Specialist” Pay Range 38 carrying a maximum annual salary of $25,624.00. This change in position was referred to by the Department of Transportation (DOT) as a “downward reallocation.” Because of it, McHale’s bargaining unit designation was changed from B-5, Engineering and Scientific, Supervisory to B-4 Engineering and Scientific, Non-Supervisory. McHale’s downward position *288change was ostensibly prompted by a department survey report indicating that, due to a prior reorganization in the district where he was employed, McHale no longer exercised supervisory responsibilities. Thus, it appears that first, without cause relating to job performance, DOT relieved McHale of his supervisory duties and responsibilities. Next, DOT conducted a survey which led to a report that confirmed that McHale no longer had supervisory responsibilities. Then, based on that report, McHale was demoted to a lower position which DOT euphemistically calls a downward reallocation.
The Civil Service Law provides, inter alia, that a regular employee in the classified service may appeal to the Commission any permanent demotion on the grounds that such action has been taken in violation of the provisions of the law. 71 P.S. § 741.951(a) “ ‘Demotion’ means a change to a position in a class carrying a lower maximum salary.” Act of August 27, 1963, P.L. 1257 § 1, 71 P.S. § 741.3(R).
The majority’s holding “that the reclassification of an employee’s position which results in reassignment to a position in a class with a lower maximum pay rate without a reduction in pay is not a demotion under the Civil Service Act” ignores the clear provisions of the act. McHale suffered a change from a supervisory position in a class with a maximum salary of $29,322.00 to a non-supervisory position in a class carrying a lower maximum salary of $25,624.00. Under the plain language of the Civil Service Law McHale’s change of position is a demotion.1 Accordingly, under 71 P.S. § 741.951(a), the appellee McHale is entitled to a hearing.
I would affirm the Commonwealth Court.
. “When the words of a statute are clear and free from all ambiguity, the letter of it is not to be disregarded under the pretext of pursuing its spirit.” 1 Pa. C.S.A. § 1921(b). If the Legislature had intended to include a reduction in the reassigned employee’s current pay as part of the definition of "demotion” it could have easily and plainly done so.