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MIKE BOWERS v. COMMONWEALTH PENNSYLVANIA (10/19/78)

decided: October 19, 1978.

MIKE BOWERS, A/K/A MICHAEL BOWERS, 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 Mike Bowers, No. B-146587.

COUNSEL

Gerald F. Glackin, for petitioner.

William J. Kennedy, Assistant Attorney General, with him Robert P. Kane, Attorney General, for respondent.

Judges Blatt, DiSalle and MacPhail, sitting as a panel of three. Opinion by Judge MacPhail.

Author: Macphail

[ 38 Pa. Commw. Page 172]

Michael Bowers (Claimant) appeals here from an order of the Unemployment Compensation Board of Review (Board) which affirmed a Referee's decision denying him unemployment compensation on the ground that Claimant was ineligible for benefits because of willful misconduct under Section 402(e) of the Unemployment Compensation Law.*fn1 We affirm.

Claimant had been employed by Agitair Division of Aeronca, Inc. (Employer) as a brake operator for approximately eight and one-half years. His employment was terminated on March 15, 1977. The reason given for Claimant's dismissal was excessive tardiness.

Claimant admitted that he had twelve (12) instances of tardiness and that he had previously received a warning and had been suspended for three (3) days because of tardiness. He argues however that his record of tardiness is not willful misconduct because the Employer failed to follow the provisions of a labor-management agreement in effect at the time of his discharge.*fn2 A copy of the labor-management agreement

[ 38 Pa. Commw. Page 173]

    is attached to the record as Employer's exhibit one (1) and reads in pertinent part as follows:

28. Lateness

(a) Late 3 times/cal. mo. Warning

(b) Late 3 add'l times ...


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