Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Horace Howard, No. B-137126.
John Kent Lewis, for petitioner.
Charles G. Hasson, Assistant Attorney General, with him Sydney Reuben, Assistant Attorney General, and Robert P. Kane, Attorney General, for respondent.
Judges Wilkinson, Jr. and Rogers, sitting as a panel of two. Opinion by Judge Wilkinson, Jr.
[ 32 Pa. Commw. Page 513]
This is an appeal from an order of the Unemployment Compensation Board of Review (Board) affirming a decision of a referee denying petitioner (claimant) compensation benefits. The Board found claimant was ineligible for benefits pursuant to Section 402(e) of the Unemployment Compensation Law (Law), Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, 43 P.S. § 802(e) finding his discharge resulted from willful misconduct. We affirm.
The facts of this case are not in dispute. Claimant had worked as a maintenance man in the Holiday Inn, Sewickley for 15 years before the incident which occasioned his dismissal. Although his work would generally consist of routine maintenance, claimant also would occasionally repair electrical motors in various equipment throughout the motel. On one occasion claimant rewired a room in the motel for which he was paid at a rate of $3.00 per hour, compared to his normal hourly rate of $2.20. He testified that he had done electrical work in the Navy. On February 10, 1976, carpenters working on a new section of the motel
[ 32 Pa. Commw. Page 514]
threatened to walk off the job unless "hot" wires dangling from the ceiling of a room were removed. The manager of the Holiday Inn then called claimant to complete the wiring job according to contractor's plans with which he supplied claimant. For this work, the manager offered to pay claimant $3.00 an hour, the same rate as was agreed to in the earlier rewiring job. Claimant expressed dissatisfaction with this rate of pay and refused to do the work at that rate. He was then fired. The sole question presented in this appeal is whether the claimant's refusal to perform the wiring task constituted willful misconduct under the circumstances.
This Court has recognized that the failure or refusal to do assigned work may constitute willful misconduct within the meaning of Section 402(e) of the Law and thus result in a denial of unemployment compensation if it is conduct evidencing a disregard of the standards of behavior an employer can rightfully expect from his employee. Brennan v. Unemployment Compensation Board of Review, 17 Pa. Commonwealth Ct. 569, 333 A.2d 794 (1975). In evaluating the employee's conduct under this general rule the test is one of reasonableness which we must determine by examining both the employee's reason for non-compliance as well as the employer's reason for the request in light of all the circumstances. Frumento v. Unemployment Compensation Board of Review, 466 Pa. 81, 351 A.2d 631 (1976).
From the employee's point of view, as we have made clear, it is not willful misconduct if the employee makes a good faith albeit fruitless attempt to perform the task the employer asks. Millersville State College v. Unemployment Compensation Board of Review, 18 Pa. Commonwealth Ct. 238, 335 A.2d 857 (1975). From the employer's view, he may expect the employee to perform duties which are part of the employment contract,
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either express or implied. Lux Unemployment Compensation Case, 180 Pa. Superior Ct. 90, 118 A.2d 231 (1955). Moreover, an employee must abide by any reasonable changes made in the employee's duties including additional work. Unemployment Compensation Board of Review v. ...