Opinion

Walter v. Commonwealth, Unemployment Compensation Board of Review

  • 71 Pa. Commw. 314
  • 454 A.2d 688
  • 1983 Pa. Commw. LEXIS 1244
Court
Commonwealth Court of Pennsylvania
Filed
Jan 24, 1983
Status
Published
Author
Crumlish
On the bench
Crtjmlish, Crumlish, Doyle, MacPhail
Cited by
0 cases
Authority
More cited than 9.1%

The opinion

Opinion by

President Judge Crumlish, Jr.,

The Unemployment Compensation Board of Review affirmed a referee’s denial of benefits to William Walter under Section 402(e) of the Unemployment Compensation Law. 1 Walter appeals. We affirm.

Walter, a maintenance man with General Steel, was discharged for excessive absenteeism and tardiness.

Walter asserts error in the Board’s decision because of the pendency of a labor grievance arbitration. This contention is clearly without merit. The outcome of a union grievance procedure has no effect on the determination of eligibility for unemployment compensation benefits. Welsh v. Unemployment Compensation Board of Review, 44 Pa. Commonwealth Ct. 53 , 402 A.2d 1154 (1979).

The purpose of the Unemployment Compensation Law ... is to compensate individuals who become unemployed through no fault of their *316 own. Excessive absenteeism and tardiness violative of reasonable standards of conduct that an employer has a right to expect of employees constitutes [sic] willful misconduct. Woodson v. Unemployment Compensation Board of Review, 461 Pa. 439 , 336 A.2d 867 (1975). An agreement by an employer to reinstate an employee would not change the nature of such conduct. (Emphasis added.)

Id. at 55, 402 A.2d at 1155 .

The order of the Unemployment Compensation Board of Review is hereby affirmed. 2

Affirmed.

Order

The order of the Unemployment Compensation Board of Review, No. B-193326 dated March 17, 1981, is hereby affirmed.

Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. §802(e). This section provides in pertinent part: §802. Ineligibility for compensation

An employe shall be ineligible for compensation for any week—

(e) In which his unemployment is due to his discharge or temporary suspension from work for willful misconduct connected with his work....

Even .'though not challenged by the appellant, we note that the findings of the Board are supported by ample evidence in the record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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