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LODER v. UNEMPLOYMENT COMPENSATION BOARD REVIEW (11/01/72)

decided: November 1, 1972.

LODER
v.
UNEMPLOYMENT COMPENSATION BOARD OF REVIEW



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Marie A. Loder, No. 71-1-F-282.

COUNSEL

Richard S. Packel, with him George M. C. Dole, for appellant.

Sydney Reuben, Assistant Attorney General, with him J. Shane Creamer, Attorney General, for appellee.

Judges Kramer, Mencer and Rogers, sitting as a panel of three. Opinion by Judge Kramer.

Author: Kramer

[ 6 Pa. Commw. Page 485]

This is an appeal from an adjudication of the Unemployment Compensation Board of Review (Board) dated December 28, 1971, which disallowed an appeal from the Order of a Referee of the Board. The Referee had affirmed the decision of the Bureau of Employment Security which had disapproved the claim of Marie A. Loder (Loder) for benefits under the Pennsylvania Unemployment Compensation Law, Act of December 5,

[ 6 Pa. Commw. Page 4861936]

, 2nd Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. ยง 751 et seq.

Loder had been employed by the Fernwood Markets, Inc., in Upper Darby, Pennsylvania, as a cashier, for approximately four and one-half years, and was the head cashier at the time of her separation from employment on August 20, 1971. On this termination date, at about 10:00 a.m., Loder was requested by the personnel director of her employer to attend a meeting at 4:00 p.m., on that date, to discuss "her attitude" toward her job. The meeting was arranged during Loder's work hours. The very brief record made before the Referee, at which hearing Loder was not represented by counsel, is not clear on what transpired at about 2:00 p.m. on the date in question. Loder testified that she would not be able to attend the meeting because she had a headache, and an "employer representative" (not otherwise identified in the record) testified that Loder informed him, "I will have a headache at 4:00 p.m., and I won't be able to attend the meeting." In any event, Loder did not attend the meeting. Loder was advised that if she did not attend the meeting, she could consider her employment terminated.

The record is completely devoid of any evidence concerning employment rules or terms of a contract of employment with Loder, individually or through the labor union of which she was a member. The Referee made the following findings of fact:

"1. The claimant was last employed by Fernwood Markets, 1742 South State Road, Upper Darby, Pa. 19082, for approximately four and a half years as a cashier at the rate of $3.95 per hour. Her last day of work was August 20, 1971.

"2. On the claimant's last day of work she was requested to attend a meeting on company time regarding ...


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