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ARMSTRONG UNEMPLOYMENT COMPENSATION CASE. (11/16/55)

November 16, 1955

ARMSTRONG UNEMPLOYMENT COMPENSATION CASE.


Appeal, No. 241, Oct. T., 1955, by claimant, from decision of the Unemployment Compensation Board of Review, dated April 7, 1955, No. B-39128, in re claim of John Armstrong. Decision affirmed.

COUNSEL

Leonard Spear, with him Paul Ribner, for appellant.

Sydney Reuben, Special Deputy Attorney General, with him Herbert B. Cohen, Attorney General, for appellee.

Before Rhodes, P.j., Hirt, Ross, Gunther, Wright, and Ervin, JJ. (woodside, J., absent).

[ 179 Pa. Super. Page 488]

OPINION PER CURIAM

This is an appeal by claimant from a decision of the Unemployment Compensation Board of Review holding him disqualified for benefits under section 402(e) of the Unemployment Compensation Law, 43 PS ยง 802, which provides, inter alia: "An employe shall be ineligible for compensation for any week - ... (e)

[ 179 Pa. Super. Page 489]

In which his unemployment is due to his discharge or temporary suspension from work for willful misconduct connected with his work; ..."

Claimant was employed by the Snyder Manufacturing Company, Philadelphia, as a maintenance carpenter, at $1.96 per hour. His working hours were from 8:00 a.m. to 4:30 p.m. His last day of work was November 5, 1954. About 4:15 p.m. on that day, claimant was informed that a carpenter was needed to shore a freight car which was being shipped to California, and that claimant would be required to examine the car, determine the amount of lumber needed, and shore the car in order that it could be shipped out that night. This work was a part of claimant's regular duties.

The board made the following findings of fact:

"2. On claimant's last day of work approximately ten to fifteen minutes before his regular quitting time he was instructed to examine a wreight car, determine the amount of lumber needed and shore the car. This was in line with the claimant's regular duties and was an important emergency job which had to be performed that day and would require 1 1/2 to 2 hours work.

"3. Claimant refused to perform the assigned job because it was too near to quitting time and he assumed that he might not be paid overtime. He was discharged ...


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