Appeal from the Order of the Unemployment Compensation Board of Review, in the case of Mary Jane Cessna, No. B-261212-B.
Stephen H. Jordan, Rothman, Gordon, Foreman & Groudine, P.C., for petitioner.
Maribeth Wilt-Seibert, Assistant Counsel, with her, Clifford F. Blaze, Deputy Chief Counsel, for respondent.
Judges Doyle and McGinley, and Senior Judge Kalish, sitting as a panel of three. Opinion by Judge McGinley.
[ 123 Pa. Commw. Page 74]
Dingbat's (Employer) appeals an order of the Unemployment Compensation Board of Review (Board) which reaffirmed the Referee's decision and reinstated the Board's September 22, 1987 order granting benefits to Mary Jane Cessna (Claimant). We affirm.
Claimant was last employed by Employer for ten months as a bartender at a rate of pay of $2.01 per hour plus tips. On June 5, 1987, Claimant was discharged after
[ 123 Pa. Commw. Page 75]
another employee, Ms. Marsha Mitchell (Mitchell), reported that Claimant had taken three dollars ($3.00) out of the cash register on June 3, 1987, to pay for her meal. Claimant's application for benefits was denied by the Office of Employment Security (OES) on June 26, 1987, pursuant to Section 402(e) of the Pennsylvania Unemployment Compensation Law (Law).*fn1
Claimant appealed the OES determination and after hearing the Referee granted benefits finding that Claimant always performed her work to the best of her ability, and that Claimant made change for a $5.00 bill from the cash register on June 3, 1987, and did not steal money from the register to pay for her meal. (Findings of Fact Nos. 3 and 4, Referee's Decision, July 31, 1987, (Referee) at 1.) Mitchell did not attend the Referee's hearing. Employer filed a timely appeal and on September 22, 1987, the Board affirmed the Referee's decision and granted benefits to Claimant. On September 28, 1987, the Employer filed a request for reconsideration to reopen the hearing to take the testimony of Mitchell. On October 19, 1987, this request was granted and the Board vacated its September 22, 1987 order.
On October 29, 1987, a remand hearing was held before a Referee sitting as a hearing examiner for the Board, at which Claimant and Mitchell appeared and testified. On March 11, 1988, the Board reinstated its prior order affirming the decision of the Referee.*fn2 On March 21, 1988, the Employer filed a request for reconsideration which was denied on April 6, 1988. It is from
[ 123 Pa. Commw. Page 76]
the Board's March 11, 1988 order that the Employer has ...