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SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY v. COMMONWEALTH PENNSYLVANIA (03/09/88)

decided: March 9, 1988.

SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



Appeal from the Order of the Pennsylvania Unemployment Compensation Board of Review, in case of In Re: Claim of Nancy Ann Davis, No. B-251273.

COUNSEL

Nicholas J. Staffieri, for petitioner.

Patricia V. Pierce, for intervenor, Nancy Ann Davis.

No appearance for respondent.

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

Author: Barry

[ 114 Pa. Commw. Page 317]

Southeastern Pennsylvania Transportation Authority (SEPTA) appeals a decision of the Unemployment Compensation Board of Review (Board) which granted unemployment benefits to Nancy Ann Davis (claimant) stating that the acts that led to the claimant's separation from her employment were not an instance of willful misconduct as defined by Section 402(e) of the Unemployment Compensation Law (Law).*fn1

The claimant was employed by SEPTA as a police officer. On July 4, 1985, the claimant and her daughter were passengers on a crowded SEPTA sub-surface trolley. Three unruly passengers entered the trolley. Further events can be explained by the referee's factual findings:

4. The claimant was subjected to smoke and sprinkles of spittle being blown on the back of her neck.

[ 114 Pa. Commw. Page 3185]

. Claimant identified herself as a SEPTA police officer and ordered one of the unruly passengers to stop smoking, which led to a verbal and physical confrontation with the three passengers.

6. The claimant was threatened to the point of removing her revolver from a backpack and placing it in her belt in an attempt to restore order.

7. Claimant was pushed and cursed at but at no time threatened to use her firearm or physically harm ...


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