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BARRY J. BRODE v. COMMONWEALTH PENNSYLVANIA (01/19/84)

decided: January 19, 1984.

BARRY J. BRODE, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. CARMEN A. GUIDO, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. EDWARD C. FINLAN, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. PAUL T. KEICH, SR., PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. EARL L. KLEIN, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. CHARLES P. MYERS, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. CHARLES E. ROEDER, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. JOSEPH A. ROMANO, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



Appeals from the Orders of the Unemployment Compensation Board of Review in cases of In Re: Claims of Barry J. Brode, No. B-202255; Carmen A. Guido, No. B-202253; Edward C. Finlan, No. B-202258; Paul T. Keich, Sr., No. B-202257; Earl L. Klein, No. B-202254; Charles P. Myers, No. B-202260; Charles E. Roeder, No. B-202259; and Joseph A. Romano, No. B-202256, dated December 30, 1981.

COUNSEL

Joseph P. Semasek, for petitioners.

Richard F. Faux, Associate Counsel, with him Richard L. Cole, Jr., Chief Counsel, for respondent.

Judges Williams, Jr., Craig and MacPhail, sitting as a panel of three. Opinion by Judge Craig.

Author: Craig

[ 79 Pa. Commw. Page 631]

In these eight consolidated unemployment cases, petitioners*fn1 appeal from the orders of the Unemployment Compensation Board of Review affirming the decisions of the referee who denied unemployment benefits to all claimants.

[ 79 Pa. Commw. Page 632]

We must determine whether there is substantial evidence*fn2 to support the board's findings and conclusion that the claimants knowingly accepted payment for time not worked and were therefore properly suspended for willful misconduct, making them ineligible to collect benefits under the Unemployment Compensation Law.*fn3

The board made substantially the same findings in all eight cases, as follows:

1. For the purposes of this appeal, the claimant was last employed by the Atlas Powder Co. as a magazine helper for approximately fifteen years at a final rate of $7.29 per hour and his last day of work was September 1, 1981.

2. On September 1, 1981, the claimant was suspended from work for thirty working days because he knowingly accepted payment for overtime hours which he had not worked during the pay period from August 3, 1981 through August 14, 1981.

3. At that time, the claimant was informed by his supervisor that an extra effort to increase productivity was needed and that he, the supervisor, would "take care" of him for his extra effort.

4. When the claimant received his paycheck for that period, he realized that he had been paid for hours not worked, but he cashed the check without ...


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