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EDGAR C. NEGRON v. COMMONWEALTH PENNSYLVANIA (09/13/84)

decided: September 13, 1984.

EDGAR C. NEGRON, 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 Edgar C. Negron, No. B-21793.

COUNSEL

David A. Scholl, for petitioner.

Michael D. Alsher, Associate Counsel, with him, Richard L. Cole, Jr., Chief Counsel, for respondent.

Judges Doyle, Colins and Palladino, sitting as a panel of three. Opinion by Judge Doyle.

Author: Doyle

[ 85 Pa. Commw. Page 138]

Before this Court is an appeal by Edward C. Negron (Claimant) from a decision and order of the Unemployment Compensation Board of Review (Board) affirming a referee's denial of benefits to Claimant on the grounds that Claimant engaged in disqualifying willful misconduct under Section 402(e) of the Unemployment Compensation Law*fn1 (Law).

[ 85 Pa. Commw. Page 139]

Claimant was discharged from his employment with Allentown State Hospital (Employer) on August 6, 1982. The reasons for his discharge, as stated in a letter to Claimant from Employer's Superintendent, were:

1. 7-23-82 Reported off by calling the switchboard instead of phone numbers/individuals designated by work unit policy.

2. 7-28-82 Again, reported off to switchboard instead of following policy.

3. 7-29-82 Did not report off and did not report for work.

The referenced work unit policy, which Claimant was aware of, in part because of prior violations and sanctions attendant thereto, required that employees who were to be absent were to personally call the Maintenance Superintendent, not Employer's switchboard, fifteen minutes prior to the scheduled start of their shift. If unable to contact the Maintenance Superintendent, they were to then call their supervisor, and, if unsuccessful there, a call was to be placed to their foreman. Inasmuch as a discharge for failing to adhere to rules regarding the reporting of absences constitutes disqualifying willful misconduct under Section 402(e) of the Law,*fn2 unemployment benefits were denied Claimant by the Office of Employment Security. Claimant appealed and a referee's hearing was held, following which the referee found that ...


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