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RUSSELL G. LOONEY v. COMMONWEALTH PENNSYLVANIA (08/10/87)

decided: August 10, 1987.

RUSSELL G. LOONEY, JR., 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 Russell G. Looney, Jr., No. B-246446.

COUNSEL

Lawrence R. Chaban, Yablonski, Costello & Leckie, for petitioner.

James K. Bradley, Assistant Counsel, with him, Clifford F. Blaze, Deputy Chief Counsel, for respondent.

Judges Craig and Palladino, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Judge Palladino.

Author: Palladino

[ 108 Pa. Commw. Page 310]

This is an appeal from a decision of the Unemployment Compensation Board of Review (Board) which affirmed an order denying benefits to Russell G. Looney, Jr. (Petitioner). Petitioner was discharged for absenteeism, which the Referee found to be willful misconduct and denied benefits.*fn1 We reverse.

Petitioner was employed by Spauldings, Inc. (Employer) as a mechanic from 1979 until his discharge on October 3, 1985. During this time, he accumulated a substantial record of absenteeism and tardiness. When ownership of the company changed, new work rules as to absences, issued September 27 and 28, 1985, and effective August 22, 1985, were imposed. The policy reads:

All employees reporting off from work must contact their immediate supervisor at least one hour before the beginning of their normal shift or starting time. If an employee cannot reach his immediate supervisor, the employee should contact one of the following management personnel:

1. Joseph Leta

2. Foster Myers

3. Richard Garnavish

Employees failing to report off for work in accordance with the Policy described above, will receive two (2) warnings -- the first warning will be a verbal warning by the supervisor -- the second warning will be a written warning. A third offense of failure to ...


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