84 Pa. Commw. 364 | Pa. Commw. Ct. | 1984
Opinion by
Before this Court is an appeal by the Department of Transportation (DOT) from an order of the Unemployment Compensation Board of Review (Board) affirming a referee’s decision to award benefits to Duane Nolan (Claimant). We reverse.
The essential facts of this matter are not in dispute. Claimant was employed by DOT for thirteen months as a highway maintenance worker. During that period he compiled a work record fraught with violations of DOT’S attendance rules for which he received written warnings and/or reprimands. On four separate occasions single day suspensions were
The failure of an employee to report his absence in accordance with the reasonable rules of his em
After a careful consideration of the record in this matter we must reverse the decision of the Board. Claimant was aware that DOT was dissatisfied with his attendance record and that his employment would be jeopardized by future violations.
Order,
Now, August 3, 1984, the decision and order of the Unemployment 'Compensation Board of Review in the above captioned matter, No. B-215461, dated March 2,1983, is hereby reversed.
See Section 402(e) of the Unemployment Compensation Law. Act of December 5, 1938, Second Ex. Sess., P.L. (1937 ) 2897, as amended, 43 P.S. §802 (e).
The referee found that on three occasions when Claimant was sanctioned for failing to report to his job site, the failure was attributable to transportation difficulties and that Claimant had re ported to DOT’S garage which was ostensibly nearer to Claimant’s home.
Finding of fact 8 in the referee’s opinion.
Finding of fact 4 in the referee’s opinion.
See Downes v. Unemployment Compensation Board of Review, 72 Pa. Commonwealth Ct. 575, 456 A.2d 1107 (1983) ; Frable v. Unemployment Compensation Board of Review, 53 Pa. Commonwealth Ct. 137, 416 A.2d 1164 (1980).