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DENNIS J. REED v. COMMONWEALTH PENNSYLVANIA (05/08/80)

decided: May 8, 1980.

DENNIS J. REED, 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 Dennis J. Reed, No. B-166397.

COUNSEL

George R. Price, Jr., with him, Danna Rich-Collins, for petitioner.

Elsa D. Newman-Silverstine, Assistant Attorney General, with her, Richard Wagner, Chief Counsel and Edward G. Biester, Jr., Attorney General, for respondent.

Judges Mencer, Blatt and MacPhail, sitting as a panel of thee. Opinion by Judge Mencer.

Author: Mencer

[ 51 Pa. Commw. Page 232]

Dennis J. Reed (claimant) appeals the denial of compensation by the Unemployment Compensation

[ 51 Pa. Commw. Page 233]

Board of Review (Board) pursuant to Section 402(e) of the Unemployment Compensation Law,*fn1 the willful misconduct provision. We affirm.

While employed as a station attendant by the Fisca Oil Company, Inc., claimant was informed that his Sunday work schedule was changed. Instead of working the 6 a.m. to 2 p.m. shift, he was to work the 2 p.m. to 10 p.m. shift every second Sunday. Claimant refused to work the new shift and, after failing to report for the new shift on three Sundays, was fired.

On this appeal, claimant argues that the Board's findings of fact 3, 4, and 5 are not supported by substantial evidence.

The third finding is:

3. At the time his shift was changed the claimant was told he would be given three chances to show up for his new shift.

This finding is supported by the employer's testimony that he told claimant "ahead of time, three chances and that's all you get," and that he discharged claimant after he ...


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