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NAGLE UNEMPLOYMENT COMPENSATION CASE. (12/12/63)

THE SUPERIOR COURT OF PENNSYLVANIA


December 12, 1963

NAGLE UNEMPLOYMENT COMPENSATION CASE.

Appeal, No. 165, April T., 1963, by claimant, from decision of Unemployment Compensation Board of Review, No. B-76725, in re claim of John B. Nagle. Decision affirmed.

COUNSEL

John B. Nagle, appellant, in propria persona.

Sydney Reuben, Assistant Attorney General, with him Walter E. Alessandroni, Attorney General, for Unemployment Compensation Board of Review, appellee.

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

Author: Ervin

[ 202 Pa. Super. Page 171]

OPINION BY ERVIN, J.

In this unemployment compensation case the bureau, the referee and the board all held that the appellant was disqualified from receiving unemployment compensation benefits under the provisions of § 402(e) of the Unemployment Compensation Law, 43 P S § 802(e), when he was discharged for refusing to perform an overtime assignment without a valid reason for so doing.

The employer had built a new building and wanted to move from the old building to the new building. The employes were notified of the arrangements to move and for that weekend they were asked to work on Saturday and Sunday to accomplish the moving. The appellant was informed, when employed, that he might be required to work overtime and he was also informed that he would be paid time and half time for the overtime.

By a long line of cases we have interpreted the phrase "willful misconduct" used in the Unemployment Compensation Law, to include, among other things, failure to comply with instructions: Detterer Unemployment Compensation Case, 168 Pa. Superior Ct. 291, 294, 295,

[ 202 Pa. Super. Page 17277]

A.2d 886; failure to perform assigned duties: Sopko Unemployment Compensation Case, 168 Pa. Superior Ct. 625, 82 A.2d 598; and many other similar matters. This case clearly falls within the rationale of those cases.

Disposition

Decision affirmed.

19631212

© 1998 VersusLaw Inc.



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