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ALFONZO C. DUDLEY v. COMMONWEALTH PENNSYLVANIA (06/21/78)

decided: June 21, 1978.

ALFONZO C. DUDLEY, 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 Alfonzo C. Dudley, No. B-137178.

COUNSEL

John Stember, with him Helen R. Kotler, for petitioner.

Charles G. Hasson, Assistant Attorney General, with him Robert P. Kane, Attorney General, for respondent.

Judges Crumlish, Jr., Rogers and DiSalle, sitting as a panel of three. Opinion by Judge Crumlish, Jr.

Author: Crumlish

[ 36 Pa. Commw. Page 188]

Alfonzo C. Dudley (Claimant) appeals a determination of the Unemployment Compensation Board of Review (Board) which affirmed a denial of benefits by the referee.

Claimant was employed by the National Tube Works, a division of United States Steel Corporation (Employer), from April 21, 1975 to November 17, 1975. During that period of time, it is undisputed that Claimant was frequently absent from his employment. Many of these absences appear to have been a result of his general poor health including a bout with acute bronchitis and a liver condition. The referee's crucial findings of fact, accepted by the Board, are as follows:

2. During his short employment history claimant was absent on an excessive number of occasions without properly reporting off to the employer.

3. Claimant had been reprimanded and suspended on two occasions because of his absenteeism and his failure to report off as required.

4. The employer's rules required that an employee report off at least two hours prior to the start of the scheduled turn or shift.

5. Claimant properly reported off for his scheduled term on October 25, 1975 and during this report he advised the guard that he would report as scheduled on October 27, 1975.

6. Claimant did not report as scheduled on October 27, 1975 or thereafter, nor did he report off to the employer.

7. Claimant was suspended by the employer on November 12, 1975 for his failure to report off or report for work and when the employer still did not hear from the ...


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