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MARK L. CIPRIANI v. COMMONWEALTH PENNSYLVANIA (10/24/83)

decided: October 24, 1983.

MARK L. CIPRIANI, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. THE WEST COMPANY, INTERVENOR



Appeal from the Order of the Unemployment Compensation Board of Review in the case of In Re: Claim of Mark L. Cipriani, No. B-201343.

COUNSEL

Gretchen Bath, for petitioner.

Francine Ostrovsky, Associate Counsel, with her Richard L. Cole, Jr., Chief Counsel, for respondent.

William R. Tait, Jr., McNerney, Page, Vanderlin & Hall, for intervenor.

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

Author: Barry

[ 78 Pa. Commw. Page 35]

This is an appeal by Mark L. Cipriani (claimant) from an order of the Unemployment Compensation Board of Review (Board) which affirmed the referee's decision denying claimant benefits under the Unemployment Compensation Law (Act).*fn1

The findings of fact of the referee are as follows:

1. The claimant was last employed as a truck driver by the West Company for one year and eight months. The final rate of pay was $5.31 per hour. Claimant's last day of work was August 12, 1981.

[ 78 Pa. Commw. Page 362]

. During the last eight weeks of his employment, the claimant was tardy for work on approximately twenty-five occasions.

3. The claimant's tardinesses were primarily due to personal reasons.

4. During the course of his employment, the claimant received various warnings from his supervisors and was told to try to improve his attendance record.

5. On August 11, 1981, the claimant's supervisor approached the claimant to discuss a recent incident of tardiness which the claimant had incurred. During the conversation, the claimant refused to sign a ...


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