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HENRY POWELL v. COMMONWEALTH PENNSYLVANIA (09/07/77)

decided: September 7, 1977.

HENRY POWELL, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Henry Powell, No. B-133182.

COUNSEL

Bernard A. Podcasy, with him James D. Morris, for petitioner.

Susan Shinkman, Assistant Attorney General, with her Sydney Reuben, Assistant Attorney General, and Robert P. Kane, Attorney General, for respondent.

Judges Crumlish, Jr., Kramer and Blatt, sitting as a panel of three. Judge Kramer did not participate in the decision. Opinion by Judge Blatt. Judge Kramer did not participate in the decision in this case. See Pa. R.a.p. 3102(d).

Author: Blatt

[ 31 Pa. Commw. Page 513]

This is an appeal by Henry Powell (Powell) from an order of the Unemployment Compensation Board

[ 31 Pa. Commw. Page 514]

    of Review (Board) dated August 5, 1976, which affirmed a referee's determination that Powell had been properly discharged for willful misconduct and was, therefore, ineligible for benefits under Section 402(e) of the Unemployment Compensation Law, Act of December 5, 1936, Second Ex. Sess., P.L. 2897 (1937), as amended, 43 P.S. § 802(e).

Prior to his discharge on December 26, 1976, Powell was employed by Milkanin Security and had been employed by them for a continuous period of seven months. Powell was paid at the rate of $2.10 per hour. He was discharged because he failed to report to his employer that he would be unable to work on the 26th of December because of illness. Powell testified before the referee that he had attempted to contact fellow employees on duty approximately one half hour before he was to begin work, but that the employees were not present on the job. Powell indicated that one of his fellow employees did reach him at approximately 7:15 on the morning of December 26, and that his wife informed the employee that Powell was ill and would not report for work on that particular day.

We believe that it is essential to discuss the nature of the job which Powell performed for his employer for we feel this is significant to the determination of this particular appeal.

Mr. Powell worked with Milkanin Security at the local airport. His job was to screen the boarding passengers. The uncontroverted testimony of the employer indicated that Powell's job was an essential one to the movement of the passengers boarding the airplanes under F.A.A. rulings and regulations. In addition to discussing the importance of Powell's job, the employer indicated that Powell knew that he had to contact his employer at the employer's place of business or at his home if he wanted to leave the job

[ 31 Pa. Commw. Page 515]

    site for any reason. The employer indicated that Powell, on previous occasions, had contacted him either at work or at home by telephone and that Powell had then received ...


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