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GERALD R. WILLIAMS v. COMMONWEALTH PENNSYLVANIA (09/15/87)

decided: September 15, 1987.

GERALD R. WILLIAMS, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



Appeal from the Order of Unemployment Compensation Board of Review in the case of In Re: Claim of Gerald R. Williams, No. B-245691.

COUNSEL

William Wallen, Meranze & Katz, for petitioner.

Notice of non-participation for respondent.

Bradford J. Harris, Zimmerman, Pfannebecker & Nuffort, for intervenor, Wilbur Chocolate Company.

Judges MacPhail and Barry, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Judge MacPhail.

Author: Macphail

[ 109 Pa. Commw. Page 330]

Gerald R. Williams (Petitioner) petitions for our review of an Unemployment Compensation Board of Review (Board) decision affirming a referee's order denying benefits. We affirm.

Our scope of review is limited to a determination of whether constitutional rights were violated, errors of

[ 109 Pa. Commw. Page 331]

    law committed or necessary findings of fact are supported by substantial evidence. Section 704 of the Administrative Agency Law, 2 Pa. C.S. ยง 704.

The referee made the following findings of fact which are supported by substantial evidence:

1. For the purposes of this appeal, claimant was last employed at Wilbur Chocolate Co. [(Employer)] as a general helper at $9.55 per hour. He had worked there almost eight years and his last day of work was 9/4/84 [sic].

2. Claimant had reached a point in the employer's progressive disciplinary program that any other conduct which would constitute a breach of the employer's policies or standards of conduct which the employer had a right to ...


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