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ELAINE M. KALENEVITCH v. COMMONWEALTH PENNSYLVANIA (09/28/87)

decided: September 28, 1987.

ELAINE M. KALENEVITCH, 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 Elaine M. Kalenevitch, No. B-247499.

COUNSEL

Elaine M. Kalenevitch, petitioner, for herself.

Gary L. Kelley, 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

[ 109 Pa. Commw. Page 550]

This is an appeal by Elaine Kalenevitch (Petitioner) from an order of the Unemployment Compensation Board of Review (Board) which affirmed the decision of the referee and denied benefits.

Petitioner, an attorney, was employed by the Pennsylvania Credit Union League as Vice President, Legal and Government Affairs, for one year. She was terminated when she refused to comply with her supervisor's directive to follow company policy. The Office of Employment Security (OES) denied benefits and a full hearing was subsequently held. The referee's findings were as follows:

3. Claimant was initially employed by the League through the service of a private employment agency, which had prepared a general job description which included principle accountabilities of the position of Vice President, Legal and Government Affiars [sic], generally outlining the scope of responsibilities within the position, but not enumerating individual or specific duties.

4. The League had an internal policy which required all employees of the League to leave sign-out slips at the place of employment when an employee was going to be out of the office

[ 109 Pa. Commw. Page 551]

    and further to receive approval for periods of time when an employee was to be out of the office.

5. Claimant, throughout the course of her employment, on occasion did not comply with the sign-out slip policy.

6. The League had a further policy with which the claimant was familiar, that all employees were to work a full forty-hour work week and in spite of negotiations to adjust the claimant's sheduled [sic] work hours for her convenience, as a result of a medical problem, the ...


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