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NORMAN H. COLLINS v. UNEMPLOYMENT COMPENSATION BOARD REVIEW COMMONWEALTH PENNSYLVANIA (07/19/76)

decided: July 19, 1976.

NORMAN H. COLLINS, APPELLANT
v.
UNEMPLOYMENT COMPENSATION BOARD OF REVIEW OF THE COMMONWEALTH OF PENNSYLVANIA, APPELLEE



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Norman Collins, No. B-125047-B.

COUNSEL

Joseph Sattler, Jr., for appellant.

Sandra S. Christianson, Assistant Attorney General, with her Daniel R. Schuckers, Assistant Attorney General, Sydney Reuben, Assistant Attorney General, and Robert P. Kane, Attorney General, for appellee.

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

Author: Crumlish

[ 25 Pa. Commw. Page 539]

Norman H. Collins (Claimant) has appealed an order of the Unemployment Compensation Board of

[ 25 Pa. Commw. Page 540]

Review (Board) which affirmed the referee's decision denying him benefits.

Claimant was last employed by the Malleable Iron Company (Employer) for approximately two years. His last day of work was August 6, 1974. On that date, he was terminated for violation of Employer's absentee control policy. Under that policy, which was promulgated with the approval of the union representing Claimant, a fourth warning for unexcused absence subjects an employe to dismissal.

The referee found as a fact that on March 29, June 11 and July 24, 1974, Claimant was absent without reporting off. Claimant had received written warnings for these unexcused absences. The referee also found that on August 5, 1974, Claimant reported off work for illness and that, pursuant to Employer's rules, Claimant obtained a note from a physician stating that he was able to return to work. Upon Claimant's return to work the next day, Employer determined that he lacked sufficient proof of the cause of his absence. Employer apparently deemed the August 5, 1974 absence to have been unexcused and, after considering two prior disciplinary warnings unrelated to absenteeism, dismissed Claimant on August 6, 1974.

The referee found that Claimant was dismissed for wilful misconduct and therefore ineligible for benefits under Section 402(e) of the Unemployment Compensation Law*fn1 (Act). The Board affirmed.

Wilful misconduct which disqualifies a discharged employe from receiving benefits has been defined as the wanton or wilful disregard of the employer's interest; a deliberate violation of rules; a disregard of behavior standards which an employer can ...


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