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JOHNSON UNEMPLOYMENT COMPENSATION CASE. (09/13/62)

September 13, 1962

JOHNSON UNEMPLOYMENT COMPENSATION CASE.


Appeal, No. 201, Oct. T., 1962, by claimant, from decision of Unemployment Compensation Board of Review, No. B-69985, in re claim of David T. Johnson. Decision affirmed.

COUNSEL

Lewis Kates, for appellant.

Sydney Reuben, Assistant Attorney General, with him David Stahl, Attorney General, for Unemployment Compensation Board of Review, appellee.

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

Author: Watkins

[ 199 Pa. Super. Page 195]

OPINION BY WATKINS, J.

In this unemployment compensation case the claimant was denied benefits by the Bureau of Employment Security, the Referee and the Unemployment Compensation

[ 199 Pa. Super. Page 196]

Board of Review, as each concluded that his unemployment was due to his discharge for willful misconduct under the provisions of § 402(e) of the Unemployment Compensation Law, 43 PS § 802(e).

The claimant, David T. Johnson, was last employed by the Naval Aviation Supply Depot, Philadelphia, Pennsylvania, on August 25, 1961, when he was discharged "for conduct unbecoming a government employee and his past record of delinquency".

The claimant had been an I.B.M. operator for the Naval Aviation Supply Depot, a federal employing agency, for five years. The reasons for the termination of his services were made available to the Pennsylvania Employment authorities by the federal employing department as required by § 1507(a) of the Federal Social Security Act, as amended, 42 U.S.C.A., § 1367. It is contained on the record in "request for wage and separation information unemployment compensation for federal employees" and sets forth the reason as "removal for conduct unbecoming a government employee, second infraction and past record of delinquency".

The section of the Federal Act, above referred to, provides that a finding concerning the reason for termination of the service of the claimant shall be final and conclusive upon the State agency with respect to the claimant's entitlement to compensation. McKeon Unemployment Compensation Case, 195 Pa. Superior Ct. 69, 169 A.2d 332 (1961).

The history of the law as to the unemployment compensation rights of a discharged federal employee is and exhaustively covered by Judge WOODSIDE'S opinion in Neumeyer Unemployment Compensation Case, 187 Pa. Superior Ct. 321, 144 A.2d 606 (1958). This case held that a duty is imposed on the Pennsylvania compensation ...


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