dissenting.
I respectfully dissent on two separate bases.
Assuming that the Omelchenko standard applies, only if the appointing authority’s charges are not made out may the Commission modify the appointing authority’s action. The majority notes that DER’s charge that Galant was absent without leave on at least forty occasions was unsubstantiated by the evidence on record. DER also alleged before the Commission that Galant had improperly discussed life insurance with five workers during working hours. The Commission found that only one improper discussion occurred. It is clear that the Commission did not accept all of the charges made by DER. It was, therefore, proper for the Commission to modify DER’s action under Omelchenko.
The majority, in concluding that the charges were proven, looks to the general charges contained in the termination letter. For example, the majority concludes that the charge that Galant “attempted to sell life insurance, deferred compensation plans, and recruit sales representatives among Commonwealth employes during working hours” was proven because of the Commission’s finding that Galant acted improperly in discussing insurance at work on one of five alleged occasions. I believe it is incorrect to use the general charge in the termination letter as the charge which must be proven in order to satisfy Omelchenko. DER’s action in terminating Galant was based on the specific charges made *93before the Commission, and if the Commission does not conclude that all of these charges were proven, the Commission should be permitted to modify DER’s action.
The second basis for my dissent is my belief that the Omelchenko standard does not apply in this case. In fn. 7 of its opinion, the majority notes that Section 952(c) of the Civil Service Act invalidates Omelchenko and gives the Commission the power to modify the appointing authority’s action regardless of whether the charges of the authority are proven. The majority states, however, that this section of the Act does not apply to this case because the section connotes a substantive change to the Act and because Galant’s removal occurred before the section was added to the Act.
I believe that Section 952(c) does not make a substantive change in the law but merely changes the Commission’s scope of review, which is a procedural matter. Where legislation concerns scope of review, it is not only applied to litigation begun after its passage, but also to litigation existing at the time of passage. Boyd C. Wagner, Inc. v. Shamokin Area School District, 120 Pa.Commonwealth Ct. 596, 549 A.2d 1004 (1988). Section 952(c) does not change an employee’s substantive rights under the Act. An employee still may be terminated only for just cause. The only change made by Section 952(c) is as to what body can make the determination that an employee’s conduct constitutes just cause, the appointing authority or the Commission. This change is similar to that made in Universal Cyclops Steel Corp. v. Krawczynski, 9 Pa.Commonwealth Ct. 176, 305 A.2d 757 (1973), where an amendment to The Pennsylvania Workmen’s Compensation Act1 shifted the role of fact-finder from the Workmen’s Compensation Appeal Board to the referees. We concluded in that case that the change applied to cases which were pending at the time because the amendment altered the board’s scope of review.
*94Accordingly, Section 952(c) of the Act should have been considered in this appeal. I would affirm the order of the Commission.
. Act of June 2, 1915, P.L. 736, as amended, 77 P.S. §§ 1-1031.