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SEATON UNEMPLOYMENT COMPENSATION CASE. (06/15/60)

June 15, 1960

SEATON UNEMPLOYMENT COMPENSATION CASE.


Appeal, No. 108, April T., 1959, by claimant, from decision of Unemployment Compensation Board of Review, No. B-50803, in re claim of Charles S. Seaton. Decision affirmed.

COUNSEL

Ira B. Coldren, Jr., with him Coldren & Coldren, for appellant.

Sydney Reuben, Assistant Attorney General, with him Anne X. Alpern, Attorney General, for Unemployment Compensation Board of Review, appellee.

Before Rhodes, P.j., Gunther, Wright, Woodside, Ervin, Watkins, and Montgomery, JJ.

Author: Montgomery

[ 192 Pa. Super. Page 399]

OPINION BY MONTGOMERY, J.

This is an appeal by claimant from the decision of the Unemployment Compensation Board of Review upholding the findings of the Bureau of Employment Security and the Referee, which concluded that the appellant was ineligible to receive benefits under the provisions of section 402(e) of the Unemployment Compensation Law, Act of 1936, P.L. [1937] 2897, 43 P.S. ยง 802(e).

[ 192 Pa. Super. Page 400]

The appellant was last employed by the Burns Detective Agency, Pittsburgh, Pennsylvania, as a night watchman. He had been assigned by his employer to work at the Pittsburgh Consolidated Coal Company, Library, Pennsylvania.

The employer received complaints from Pittsburgh Consolidated Coal Company that the appellant was habitually tardy and failed to make his proper rounds of the watch stations.

In June, 1958, the appellant wrote to an official of the coal company concerning the hardship which his low wages and long travel caused and expressed a desire to work directly for the coal company.

The appellant was discharged on August 7, 1958, for violation of the employer's rules and regulations.

Section 402(e) provides in part that an employee shall be ineligible for compensation for any week: "(e) in which his unemployment is due to his discharge or temporary suspension from work ...


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