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HUNT v. UNEMPLOYMENT COMPENSATION BOARD REVIEW (04/12/73)

decided: April 12, 1973.

HUNT
v.
UNEMPLOYMENT COMPENSATION BOARD OF REVIEW



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Appeal of Bonita L. Hunt, No. B-70-6-I-223.

COUNSEL

Robert S. Glass, for appellant.

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

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

Author: Crumlish

[ 8 Pa. Commw. Page 578]

This is an appeal from a decision and order of the Unemployment Compensation Board of Review denying claimant's application for benefits.

[ 8 Pa. Commw. Page 579]

From April 1969 until May 13, 1970, the claimant, Bonita L. Hunt, was employed as a night-time desk clerk by Holiday Inn, Johnstown, Cambria County, Pennsylvania. On May 13, 1970, after an argument with her supervisor over alleged improper use of the telephone, she was discharged.

On May 14, 1970, she applied for unemployment compensation benefits. The Bureau of Employment Security issued a determination which denied benefits under Section 402(e) of the Unemployment Compensation Law, Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. § 802(e) which provides: "Any employee shall be ineligible for compensation for any week -- (e) In which his unemployment is due to his discharge or temporary suspension from work for wilful misconduct connected with his work. . . ." Claimant filed an appeal and the referee, after hearing claimant, a witness for the claimant, and the employer, rendered a decision affirming the Bureau's ruling.

This decision was, in turn, appealed to the Unemployment Compensation Board of Review [Board] which remanded the case for further testimony. On August 13, 1970, a referee acting as a Board Hearing Officer, heard the same witnesses. The Board on September 30, 1970, modified the referee's original decision which had denied benefits under Section 402(e), 43 P.S. § 802(e). It found that the claimant was not guilty of "wilful misconduct" as defined by Section 402(e), but concluded that she was ineligible for benefits because she did not meet the requirements of Section 401(d), 43 P.S. § 801(d) which mandates that a claimant must be genuinely and realistically attached to the labor force and that her application for benefits was invalid within the meaning of Section 401(c), 43 P.S. § 801(c).

[ 8 Pa. Commw. Page 580]

Acting on a Request for Reconsideration by her counsel, the Board vacated its earlier decision and once again remanded for additional testimony. Additional testimony was taken at a hearing on November 12, 1970 and the Board reinstated its ...


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