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UNEMPLOYMENT COMPENSATION BOARD REVIEW COMMONWEALTH PENNSYLVANIA v. MELANIE D. GLENN (02/06/76)

decided: February 6, 1976.

UNEMPLOYMENT COMPENSATION BOARD OF REVIEW OF THE COMMONWEALTH OF PENNSYLVANIA
v.
MELANIE D. GLENN, APPELLANT



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Melanie D. Glenn, No. B-125235.

COUNSEL

Charles David Milstein, for appellant.

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

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

Author: Blatt

[ 23 Pa. Commw. Page 241]

This is an appeal by Melanie D. Glenn (claimant) from a decision of the Unemployment Compensation Board of Review (Board) which denied her benefits under Section 402(e) of the Unemployment Compensation Law.*fn1 The Board affirmed a referee's determination that

[ 23 Pa. Commw. Page 242]

    the claimant had been discharged by her employer for willful misconduct.

The claimant was employed by BioScience Information Service of Biological Abstracts as a clerk-typist for nine months, during which time she, by her own admission, was late for work on 41 days. Her excuses for late arrival were variously recorded as transportation problems, personal business, illness, and occasionally no reason was given. The employer's representative testified that he had been told by the claimant that she was under a doctor's care for migraine headaches and that the medication which she was taking often acts as a sedative. He further stated, however, that she had not been given any permission for late arrival.

On September 13, 1974, according to the testimony of the employer's representative, the problem of the claimant's frequent tardiness was discussed with her, and she was requested to bring a letter from her physician explaining the nature of her illness. She was also given a warning at that time that she might be discharged if her tardiness continued. She was then late in arriving for work on the five work days subsequent to this discussion, and she failed to submit the requested letter from her physician. In addition, the representative testified, she had failed to cooperate in reporting the reasons for her tardiness in a manner consistent with office procedures, and no reasons had been recorded for these last five incidents of late arrival. As a result, the claimant's services were terminated on September 20, 1974 for failing to cooperate in eliminating her continuing tardiness.

The claimant testified that she had been requested to submit a letter from her doctor only the day before her dismissal. She alleged, in addition, that the person appointed to record the reasons for late arrival did not always record them accurately and that the effects of the medication which she was taking had usually been the cause of her tardiness.

[ 23 Pa. Commw. Page 243]

The referee obviously chose to give the claimant's testimony less weight and credibility than the testimony offered by the employer's representative, adopting findings of fact substantially consistent with the latter's testimony. The Board expanded and clarified these findings, adopting findings of its own which even more closely paralleled the testimony of the employer's ...


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