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DAVID GLADKOWSKI v. COMMONWEALTH PENNSYLVANIA (04/27/78)

decided: April 27, 1978.

DAVID GLADKOWSKI, 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 David Gladkowski, No. B-135253.

COUNSEL

Andrew F. Erba, for appellant.

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

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

Author: Crumlish

[ 35 Pa. Commw. Page 109]

David Gladkowski (Claimant) appeals a decision of the Unemployment Compensation Board of Review (Board) affirming the referee's denial of benefits.

Claimant had been employed for five years by Sears, Roebuck and Company (Employer) as a "retail order filler" at the time of his discharge. The Board found Claimant was discharged for posting

     award posters on the Company premises stating anyone with information concerning missing 'suggestion award certificates' will receive $50.00 cash and a $1.00 raise in pay.

[ 35 Pa. Commw. Page 110]

The Board also found that

[c]laimant had no authority to offer such an award or to post the posters on the Company premises.

The missing certificate in question was awarded to Claimant's employee group evidencing 100% participation in a suggestion campaign. The Board concluded that this

     was an act against the employer's interest and a disregard of the standards of behavior which an employer has a right to expect of an employe and constitutes ...


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