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ALFREDO ROLON v. COMMONWEALTH PENNSYLVANIA (06/01/81)

decided: June 1, 1981.

ALFREDO ROLON, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. HORACE W. LONGACRE, INC., INTERVENOR



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Alfredo Rolon, No. B-176006.

COUNSEL

Pablo Santana, for petitioner.

No appearance for respondent.

Richard H. Greenberg, Pearstine-Salkin Associates, for intervenor.

Judges Rogers, Craig and Palladino, sitting as a panel of three. Opinion by Judge Rogers.

Author: Rogers

[ 59 Pa. Commw. Page 379]

Alfredo Rolon has appealed from an order of the Unemployment Compensation Board of Review (Board) affirming the decision of a referee denying Rolon unemployment compensation benefits on the ground of willful misconduct. 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). We affirm.

Virtually all of the facts of this case are in dispute. However, the findings of facts of the referee, which were affirmed by the Board, state the following: Rolon was employed by Longacre Poultry, Inc. as a keel boner for approximately two years. His last day of work was June 29, 1979. Throughout the course of his employment, Rolon was repeatedly warned, both orally and in writing, about leaving his work area without permission and interferring with the work of other

[ 59 Pa. Commw. Page 380]

    employees. Rolon's conduct caused him to have a low productivity rating. One week prior to his last day of work, Rolon was orally warned by his supervisor that if he again left his work station without permission he would be fired. Rolon thereafter continued to leave his assigned area without permission and was subsequently discharged.

Rolon was denied unemployment compensation benefits by the Office of Employment Security on the ground of willful misconduct. Upon appeal by Rolon, a referee's hearing was held, at which Rolon, represented by counsel, testified. Three representatives of Longacre Poultry, including Rolon's supervisor, also testified. The referee affirmed the Office's determination. The Board subsequently affirmed the referee's decision.

Although it is not clear from the briefs, Rolon apparently contends that the Board's findings of fact are erroneous because they conflict with Rolon's testimony given before the referee. However, the resolution of conflicts in the evidence and the assessment of the credibility of witnesses and the weight to be accorded items of evidence are matters for the Board. See, e.g., Roach v. Unemployment Compensation Board of Review, 31 Pa. Commonwealth Ct. 424, 376 A.2d 314 (1977). We have thoroughly reviewed the record and we have found each of the Board's findings of fact to be amply supported by substantial evidence. Accordingly, we may not disturb these findings. Yasgur v. Unemployment Compensation Board of Review, 16 Pa. Commonwealth Ct. 33, 328 A.2d 908 (1974).

Rolon next specifically challenges the Board's finding that Rolon was discharged for leaving his work station without permission. Rolon says that he was actually fired for failing to sign a written warning given him by his supervisor concerning ...


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