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JAMES P. MORAN v. COMMONWEALTH PENNSYLVANIA (04/23/79)

decided: April 23, 1979.

JAMES P. MORAN, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. GOULD, INC., INTERVENOR



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of James P. Moran, No. B-146704-B.

COUNSEL

Jerome Balter, for petitioner.

William Dade, Assistant Attorney General, for respondent.

Mark M. Wilcox, with him Drinker, Biddle & Reath, for intervenor.

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

Author: Rogers

[ 42 Pa. Commw. Page 196]

James P. Moran has appealed a decision of the Unemployment Compensation Board of Review denying benefits pursuant to Section 402(e) of the Unemployment Compensation Law, Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. ยง 802(e) on the ground that he was guilty of willful misconduct. We affirm the Board's order.

[ 42 Pa. Commw. Page 197]

Moran was employed by Gould, Inc. from January 23, 1968 until October 21, 1976 when he was discharged. At the time of his discharge, Moran was a union shop steward of Local 1612 United Auto Workers, the collective bargaining agent for Gould's production workers. On October 13, 1976, all except one of the 40 to 50 employees who worked in the department in which Moran was employed engaged in an illegal work stoppage in violation of a valid no-strike clause in Article XVI of the Collective Bargaining Agreement then in effect between Gould and the union.*fn1 On October 21, 1976, Moran was discharged.

After two hearings, the second on remand from the Board of Review, that body found that Moran had actively participated in the illegal work stoppage and that he had been discharged because of that participation; it concluded that his actions constituted willful misconduct.

Moran's first argument is that the Board's finding that he was discharged as a result of his participation in the work stoppage is not supported by substantial evidence. He says that he was discharged for other additional causes antedating the work stoppage. After examining the evidence in the record, we hold this contention to be without merit. Several exhibits, whose presence in the record is not disputed by Moran, and on one of which he indeed relies, support the Board's finding. Employer's Exhibit #3, a form used by Gould to record changes in employment status, gives as the reason for his discharge: "Violation of Article

[ 42 Pa. Commw. Page 198]

XVI of the Collective Bargaining Agreement." On Employer's Exhibit #4, Moran's personnel record card, the entry is: "10-20-76 D ...


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