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PAGERLY DETECTIVE AND SECURITY AGENCY v. COMMONWEALTH PENNSYLVANIA (05/02/85)

decided: May 2, 1985.

PAGERLY DETECTIVE AND SECURITY AGENCY, INC., PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of George R. Oister, No. B-215730-B.

COUNSEL

Kenneth C. Myers, Calvin Lieberman & Associates, for petitioner.

James K. Bradley, Associate Counsel, with him, Charles G. Hasson, Acting Deputy Chief Counsel, for respondent.

Judges Doyle and Barry, and Senior Judge Kalish, sitting as a panel of three. Opinion by Judge Doyle. Judge Williams, Jr., did not participate in the decision in this case. Judge Barry concurs in the result only.

Author: Doyle

[ 89 Pa. Commw. Page 93]

Pagerly Detective and Insurance Agency, Inc. (Employer) appeals from a decision of the Unemployment Compensation Board of Review (Board) which reversed the decision of the referee and awarded benefits to George R. Oister (Claimant).

On November 10, 1982 Claimant was discharged from his position as a security guard with Employer's agency. Prior to his dismissal, Claimant was the subject of various reprimands which had resulted in his demotion from the rank of lieutenant to corporal. Claimant's application for unemployment benefits was denied by the Office of Employment Security, which determined that Claimant was ineligible under Section 402(e) of the Unemployment Compensation Law (Law)*fn1 (willful misconduct). On appeal, the referee affirmed this determination, finding that

[ 89 Pa. Commw. Page 94]

Claimant's discharge was the result of a meeting held between Claimant and Employer on November 10, 1982, in which Claimant refused Employer's request that another employee who had accompanied Claimant to the meeting as a witness leave the room. The referee made the following finding on this issue:

9. The claimant thereafter informed this witness to remain in the meeting site after which employer reiterated the request for claimant's witness to leave. Again, the claimant insisted that his witness remain at the work site meeting area. A similar exchange ensued between the employer and the claimant on this issue for approximately three or four minutes after which the witness chose to leave the meeting area. . . . [T]he employer determined that in light of claimant's countermanding the employer's instruction for the witness to leave, the claimant's actions warranted a discharge for that reason and the claimant was so discharged on or about November 10, 1982.

The referee concluded that Claimant's conduct constituted willful misconduct under Section 402(e) of the Law, and denied benefits accordingly. The referee's decision was initially affirmed by the Board on March 9, 1983. Thereafter the Board granted Claimant's request for reconsideration, and on July 14, 1983, issued a new decision which contained the following findings of fact:

2. In October, 1982, claimant was requested on two occasions to provide his employer with a list of all employees who indicated that ...


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