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UNEMPLOYMENT COMPENSATION BOARD REVIEW COMMONWEALTH PENNSYLVANIA v. STEPHEN E. SCHMID (07/16/75)

decided: July 16, 1975.

UNEMPLOYMENT COMPENSATION BOARD OF REVIEW OF THE COMMONWEALTH OF PENNSYLVANIA
v.
STEPHEN E. SCHMID, APPELLANT



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Stephen E. Schmid, No. B-122939.

COUNSEL

Ronald I. Rosenstein, with him, of counsel, Rosenstein & Kleitman, for appellant.

Daniel R. Schuckers, Assistant Attorney General, with him Sydney Reuben, Assistant Attorney General, and Robert P. Kane, Attorney General, for appellee.

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

Author: Wilkinson

[ 20 Pa. Commw. Page 287]

Claimant-appellant has been ruled ineligible to receive unemployment compensation 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. ยง 802(e), by the Bureau of Employment

[ 20 Pa. Commw. Page 288]

Security, the referee, and the Unemployment Compensation Board of Review. Section 402(e) provides in part:

"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 for willful misconduct connected with his work,. . . ."

The evidence reveals that claimant had worked as a spray gun operator for Fabuglass, Inc., for approximately 15 months prior to March 29, 1974, the date his employment there was terminated. At least during the last six months of his employment and apparently for an even longer period, claimant had been constantly late for work -- as late as an hour to an hour and a half each day. Many of the other 15 or 20 shop employees were also regularly late for work. As a result, on January 16, 1974, the plant manager made up and posted the following shop rules over his name:

"January 15, ...


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