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UNEMPLOYMENT COMPENSATION BOARD REVIEW COMMONWEALTH PENNSYLVANIA v. BLANCHE A. CIOTTI (04/23/76)

decided: April 23, 1976.

UNEMPLOYMENT COMPENSATION BOARD OF REVIEW OF THE COMMONWEALTH OF PENNSYLVANIA
v.
BLANCHE A. CIOTTI, APPELLANT



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Blanche A. Ciotti, No. B-126876.

COUNSEL

Peter B. Macky, with him Joseph A. Campagna, Jr., 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., Kramer and Rogers, sitting as a panel of three. Opinion by Judge Crumlish, Jr.

Author: Crumlish

[ 24 Pa. Commw. Page 374]

Blanche A. Ciotti (Claimant) appeals an order of the Unemployment Compensation Board of Review (Board) which affirmed the referee's order denying benefits.

The referee found that Claimant was last employed as a clerk and stockgirl by Keystone Center, Inc. (Employer) and that her last day of work was October 2, 1974. On Thursday, October 3, 1974, Claimant called Employer to inquire whether or not she was scheduled to work that Saturday, October 5. Upon being advised that she was scheduled to work that Saturday, Claimant informed Employer that she would not be available since she had to go out of town to assist her son. On October 4, 1974, Claimant reported for work and was discharged for refusal to work on Saturday, October 5.

After receiving additional evidence, the Board made factual findings similar to those of the referee except that the Board found that Claimant gave Employer no reason for her refusal to work that Saturday. This finding is supported by the testimony at the hearing before the Board.

Both the referee and the Board found that Claimant was discharged for willful misconduct in refusing to work

[ 24 Pa. Commw. Page 375]

Saturday, October 5, 1974, when she knew she was scheduled to work that day. Accordingly, benefits were denied.

Section 402 of the Unemployment Compensation Law*fn1 ...


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