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BEISTLE COMPANY v. COMMONWEALTH PENNSYLVANIA (03/31/83)

decided: March 31, 1983.

THE BEISTLE COMPANY, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



Appeal from the Order of the Unemployment Compensation Board of Review in the case of In Re: Claim of Malgram Jones, Jr., No. B-187847.

COUNSEL

Kenneth F. Lee, for petitioner.

John T. Kupchinsky, Associate Counsel, with him Richard L. Cole, Jr., Chief Counsel, for respondent.

President Judge Crumlish, Jr. and Judges Blatt and Doyle, sitting as a panel of three. Opinion by Judge Doyle.

Author: Doyle

[ 73 Pa. Commw. Page 205]

This is an appeal by The Beistle Company from the decision and order of the Unemployment Compensation

[ 73 Pa. Commw. Page 206]

Board of Review (Board) which affirmed the decision of a referee granting partial unemployment compensation benefits to Malgram Jones, Jr. (Claimant). For the reasons which follow, the order of the Board is affirmed.

The facts are not in dispute. Claimant, who was employed as a machine operator for Beistle, had a regular work schedule of four, nine-hour shifts, Monday through Thursday. From December 21, 1979 through January 6, 1980, Claimant did not work. Claimant's absence during this period was the result of nine regular days off, three voluntary vacation days, three holidays*fn1 and two unexplained absences. Although he never actually reported for work, Claimant received gross pay of $138.86 for the week ending December 29, 1979. This pay included $55.25 for two voluntary vacation days and a production bonus of $83.66. Similarly, for the period ending January 5, 1980, Claimant received gross pay of $152.26 which included $27.60 for one voluntary vacation day and an annual bonus of $124.66. Claimant, whose regular gross pay was $124.20 per week, applied for partial unemployment compensation benefits for these two weeks. The referee's award of partial benefits was, in effect, based upon the decision to exclude these bonuses from consideration of Claimant's eligibility for the weeks in question. After the Board affirmed the referee's award, Beistle appealed to this Court.

Section 401 of the Unemployment Compensation Law (Law)*fn2 provides that compensation is payable to any employee who is or becomes unemployed. Section

[ 73 Pa. Commw. Page 2074]

(u) of the Law, 43 P.S. ยง 753(u), defines "unemployed" and provides, in pertinent part, that:

An individual shall be deemed unemployed . . . with respect to any week of less than his full-time work if the remuneration paid or payable to him with respect to such week is less than ...


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