Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Douglas W. Jones, No. B-135246.
Zanita A. Zacks-Gabriel, with her Silin, Eckert, Burke & Siegel, 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., Wilkinson, Jr. and Blatt, sitting as a panel of three. Opinion by Judge Wilkinson, Jr. Dissenting Opinion by Judge Blatt.
[ 30 Pa. Commw. Page 302]
Claimant appeals from an order of the Unemployment Compensation Board of Review (Board) refusing him unemployment compensation benefits on the grounds of wilful misconduct. We affirm.
The referee made the following findings of fact:
1. The claimant was last employed as a working foreman by E.P.M. Associates for approximately 14 months at a weekly salary of $210.00. His last day of work was February 12, 1976.
2. For a predecessor company, prior to the acquisition of that company by the claimant's last employer, the claimant had been employed for approximately 30 years.
3. On his last day the claimant, in a loud manner and in the presence of other employees,
[ 30 Pa. Commw. Page 303]
expressed his disagreement to the employer's president concerning a certain production order given by the president to another employee.
4. After being interrupted by a call to the telephone the employer's president returned to the claimant and requested that the claimant come to the ...