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PMA REINSURANCE CORPORATION v. COMMONWEALTH PENNSYLVANIA (05/17/89)

decided: May 17, 1989.

PMA REINSURANCE CORPORATION, PETITIONER,
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



PETITION FOR REVIEW (UNEMPLOYMENT COMPENSATION)

COUNSEL

Jody P. Mahon, Kenneth R. Wilson, Philadelphia, Michael Goldberg, Central Pennsylvania Legal Services, Lancaster, for petitioner.

Clifford F. Blaze, Deputy Chief Counsel, John E. Herzog, Asst. Counsel, Harrisburg, for respondent.

Doyle and McGinley, JJ., and Barbieri, Senior Judge.

Author: Mcginley

[ 126 Pa. Commw. Page 97]

PMA Reinsurance Corporation (Employer) appeals an order of the Unemployment Compensation Board of Review (Board) which reversed a referee's decision denying benefits to Cindy L. Smith (Claimant) pursuant to Section 402(e) of the Unemployment Compensation Law (Law).*fn1 We affirm.

Claimant was employed as a programmer analyst from January 7, 1987, until her last day of work on October 15, 1987. During Claimant's nine months of employment, the Employer documented that Claimant had taken twenty-two and a half days of sick time and that "[s]ince July 1st Cindy has been late at least 43 times . . . and has come in between 10:00 and 11:00 at least 75% of the time"*fn2 (Employer's Memo (Memo), R. Item No. 3, Reproduced Record (RR) at 3a). Employer also documented that Claimant left work early without her supervisor's permission and her tardiness prevented her from completing her assigned responsibilities as required in her job description (Memo, RR at 3a). Employer scheduled and held three meetings with Claimant concerning her absenteeism and tardiness.*fn3 Cunningham testified that Claimant made some improvement in reporting to work after the initial meeting of August 31, 1987 (N.T. at 6). However, Cunningham testified that Claimant

[ 126 Pa. Commw. Page 98]

    still continued to report to work late or to be absent despite the two additional meetings (N.T. at 6-7). Claimant reported to work at 9:15 a.m. on October 15, 1987, and Employer discharged Claimant.

The Referee affirmed the Office of Employment Security's denial of compensation benefits to Claimant pursuant to Section 402(e) of the Law. Claimant appealed to the Board, and the Board remanded to the referee for a hearing to establish additional testimony regarding the merits of the case. After the hearing*fn4 the Board made the following relevant findings of fact:

3. The employer had written policies and procedures regarding proper attendance, and were applicable to claimant.

4. The employer policies included a progressive accumulated point-system for applying disciplinary actions for tardiness and absenteeism.

5. Over a twelve-month period, the employer would assign points for tardinesses and absences. As an employee's point accumulated, the appropriate disciplinary action would be taken. The first action would be verbal warning, second a ...


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