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UNEMPLOYMENT COMPENSATION BOARD REVIEW COMMONWEALTH PENNSYLVANIA v. NORMAN R. RHODERICK (04/21/77)

decided: April 21, 1977.

UNEMPLOYMENT COMPENSATION BOARD OF REVIEW OF THE COMMONWEALTH OF PENNSYLVANIA
v.
NORMAN R. RHODERICK, APPELLANT



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Norman R. Rhoderick, No. B-131741.

COUNSEL

Richard Thrasher, for appellant.

George O. Phillips, Assistant Attorney General, with him 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

[ 29 Pa. Commw. Page 618]

Claimant, Norman R. Rhoderick, appeals the decision and order of the Unemployment Compensation Board of Review (Board) which reversed a referee's decision granting him benefits. The Board's reversal was based on 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), which states in relevant 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. . . .

In support of its order, the Board entered but three findings of fact:

"1. The claimant was last employed by A.M. Consultants, Inc., Gettysburg, Pennsylvania, as a security

[ 29 Pa. Commw. Page 619]

    guard at an hourly rate of $3.25. His employment history covered some nine months. His last day of work was September 21, 1975.

"2. On September 21, 1975 the claimant was discharged because he had repeatedly been reluctant to perform his security ...


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