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DONNELLY UNEMPLOYMENT COMPENSATION CASE. (07/17/56)

July 17, 1956

DONNELLY UNEMPLOYMENT COMPENSATION CASE.


Appeal, No. 169, Oct. T., 1955, by claimant, from decision of Unemployment Compensation Board of Review, dated February 4, 1955, No. B-38567, in re claim of John F. Donnelly, Sr. Decision vacated.

COUNSEL

W.J.C. O'Donnell, for appellant.

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

Before Hirt, Gunther, Wright, Woodside, Ervin, and Carr, JJ. (rhodes, P.j., absent).

Author: Carr

[ 182 Pa. Super. Page 24]

OPINION BY CARR, J.

This is an appeal from an order of the Unemployment Compensation Board of Review holding the claimant ineligible for benefits under section 402 (e) of the Unemployment Compensation Law of December 5, 1936, P.L. (1937) 2897, Art. IV, Sec. 402 as amended, 43 P.S. 802 (e). Reversing the findings of the referee and affirming the bureau, the board concluded that his

[ 182 Pa. Super. Page 25]

    continued absences after repeated warnings indicated a deliberate disregard of the standards of behavior which an employer has the right to expect of an employee, and disqualified him from receiving compensation benefits. The board made the following findings of fact and conclusions of law:

1. Claimant was last employed approximately 8 1/2 years as a pipe fitter by B. F. Goodrich Company, Oaks, Pennsylvania. His last day of work was May 1, 1954.

2. Claimant was frequently warned both in writing and verbally relative to his excessive absenteeism and was suspended twice for his poor attendance record.

3. During the year 1953 claimant was absent 55 days and up to May 11, 1954 was absent 22 days. Most of these absences were with notice but several were unreported.

4. The claimant was absent on Monday, May 3, 1954, and when no report was received from him a representative of the personnel office called at his home and found him in bed. Claimant stated he expected to return to work the next day. However, ...


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