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Eat'N Park Hospitality Group, Inc. v. Unemployment Compensation Board of Review

December 19, 2008

EAT'N PARK HOSPITALITY GROUP, INC., PETITIONER
v.
UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



The opinion of the court was delivered by: Bernard L. McGINLEY, Judge

ORDER

AND NOW, this 3rd day of March, 2009, it is ORDERED that the above-captioned opinion filed December 19, 2008 shall be designated OPINION rather than MEMORANDUM OPINION, and it shall be reported.

Submitted: October 3, 2008

BEFORE: HONORABLE BERNARD L. McGINLEY, Judge, HONORABLE ROBERT SIMPSON, Judge, HONORABLE JAMES R. KELLEY, Senior Judge.

OPINION

Eat'N Park (Employer) petitions for review of the order of the Unemployment Compensation Board of Review (Board) which affirmed the decision of the Referee to grant benefits to David B. Meyer (Claimant).

Claimant filed for unemployment benefits which the Philadelphia UC Service Center granted. Employer appealed and requested permission to have its witness, Tony White (White), Director of Employee Relations, testify by telephone. A Notice of Hearing was issued indicating that White could, in fact, testify by telephone. The Notice confirmed that the Hearing would take place on January 30, 2008, at 10:30 a.m. and that White would be contacted at "412-461- 2000 ext. 1274." Revised Notice of Hearing, January 1, 2008, at 1; Reproduced Record (R.R.) at 9a. The Notice further stated:

To EACH PARTY SCHEDULED to participate BY TELEPHONE --

* You must contact the Referee Office listed above BEFORE THE HEARING if your telephone number listed on this notice is INCORRECT or if no telephone number appears on this notice.

* ON THE HEARING DATE please be by the telephone and keep the line free at least fifteen (15) minutes before the scheduled time.

Revised Notice of Hearing, January 1, 2008, at 1; R.R. at 9a.

On the date of the hearing, the Referee attempted to contact White by calling the telephone number on the Notice. The transcript of the hearing begins as follows:

Voice Mail: Thank you for calling Eat'n Park Hospitality Group, the proud parent company of successful Eat'n Park Restaurants, Park Classic Diners, Six Pack Kitchen, Parkhurst Dining Services, and Cura Hospitality. If you know your party's extension, you may dial it now. At any time, dial zero for further or emergency assistance. For donation requests -- please hold while your party is being transferred to Tony White. I'm sorry Tony White is not available. To leave a message, press one. To return to the menu, press two. I am currently unable to respond to your call. Please leave your name, your number, and the best time to reach you in the next 24 hours, and I will respond to your call as soon as possible. If you need immediate assistance, please press zero and ask to speak to Jennifer Janowsky [ph]. After the tone, please record your message. When finished, you may hang up to deliver the message or press pound for more options.

Referee: Good Morning. This is Referee Carol Ulichney calling in order to conduct the Unemployment Compensation Appeal Hearing that we had scheduled to begin today, January 30, 2008, at 10:20 a.m. I have David Meyer present with me in my office and I will attempt to contact Mr. White one additional time in order to proceed with the hearing. If I am unable to reach him, I will conduct the hearing without the employer participating. My name is Referee Carol Ulichney and I am with the Unemployment Compensation Referee Office located in Malvern, Pennsylvania, and I'm ...


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