Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Charles T. Brant, No. B-212571-A.
John A. Pillar, with him, Kevin W. Walsh, Pillar and Mulroy, P.C., for petitioner.
Richard F. Faux, Associate Counsel, with him, Charles G. Hasson, Acting Deputy Chief Counsel, for respondent.
President Judge Crumlish, Jr., Judge Colins, and Senior Judge Blatt, sitting as a panel of three. Opinion by Judge Blatt.
Klapec Trucking Company (employer) petitions for review of the decision and order of the Unemployment Compensation Board of Review (Board) granting benefits to Charles T. Brant, citing Section 402(e) of the Unemployment Compensation Law (Act) (willful misconduct in connection with work).*fn1
We consider this case for a second time, having ordered the Board on remand to make necessary findings of fact regarding the good cause argument advanced by Brant. Brant v. Unemployment Compensation Board of Review, 83 Pa. Commonwealth Ct. 373, 477 A.2d 596 (1984).
On remand the Board made the following pertinent findings:
2. Claimant and another employee were employed as a team and traveled throughout the states and on July 16, 1982 had just returned from California and at approximately 4:30 p.m. stopped at Electralloy to unload.
3. Claimant's co-worker was instructed that he and the claimant were to unload the truck, reload it for a Monday morning trip to Dayton, Ohio and then drive the truck from the Electralloy yard to the employer's yard.
4. Claimant and his co-worker each had 1/2 hour driving time left and time left on the 70 hours maximum working time; however, claimant or his co-worker did not mention any shortage of hours to the employer on June 16, 1982.
5. Federal regulations require that no motor carrier shall permit or require a driver used by it to drive for ...