190 Pa. Super. 565 | Pa. Super. Ct. | 1959
Opinion bv
The Danville Silk Company bas appealed from a decision of the Unemployment Compensation Board of Review. The board granted benefits to its former employe, Betty Koble, who was discharged for violation of company rules. The issue is whether the board erred in concluding that the employe was not chargeable with willful misconduct in connection with her
Claimant was employed by appellant as a crimping machine operator from May, 1956, to the date of her discharge, March 6, 1958. In the crimping machine process, the yarn is run through a heating element in a heating'chamber in order to crimp it. If the thread breaks while in this process and the yarn remains for any length of time in the heating chamber, it will become overcrimped, and will possibly burn or melt and thus cause considerable damage. A crimping machine operator is employed to patrol the machine so that corrective action can be taken in the event the yarn breaks. In connection with the operation of the crimping machine appellant adopted certain regulations; No. 18 provided: “When break period occurs operator must not leave crimper until reporting to floormen, and at no time should crimper be left unattended.” Claimant was aware of the company rule which required that the machine be properly patrolled, and that it should not be left unattended. On a number of occasions claimant left her machine unattended, apparently causing defective yarn. For this conduct she was warned by her supervisor. In December, 1957, claimant was suspended for her failure to follow the proper procedures in the crimping operation, but she was reinstated with a warning that similar occurrences in the future would warrant dismissal. About March 5 or 6, 1958, claimant’s supervisor reported that claimant was leaving her machine unattended. He testified he had told her “quite a few times” that in the event she continued these violations she would be discharged. Just prior to the occasion of her discharge claimant was seen' approximately one hundred feet away from her machine talking to another employe. This was observed by a Mr. Kramer who is a “fixer” on the machine patrolled by claimant.
The bureau disallowed the claim; the referee affirmed the bureau. An appeal was taken by the employer to the board which remanded the case for additional testimony. On September 16, 1958, the board filed its decision adopting the findings of fact of the referee which were to the effect that claimant was dismissed for violation of the company rules after having been previously suspended and rehired with a warning that further violation of the rules would result in her discharge. The board concluded that claimant’s discharge was due to willful misconduct within the meaning of section 402(e) of the Law. Subsequent to this decision, however, the board ordered a reargument, and on January 28, 1959, filed a decision in which it vacated the essential findings of fact in its previous decision, substituted other findings of fact, reversed its previous conclusion, and held that claimant was eligible for compensation because the reason for her discharge did not amount to willful misconduct. While it recognized the company’s regulation concerning attendance at the machine, the board found that the company allowed its operators to leave the machines to wash their hands, that claimant performed her duties to the best of her ability and that she “never left her machine unattended other than when she left to wash her hands.” The board stated that “to deny the claimant unemployment compensation it must be shown that
Willful misconduct has been said to include an act of wanton or willful disregard of the employer’s interest, a deliberate violation of the employer’s rules, a disregard of standards of behavior which the employer has a right to expect of his employe, or negligence in such degree or recurrence as to manifest culpability, wrongful intent, or evil design, or showing an intentional and substantial disregard of the employer’s interest or of the employe’s duties and obligations to the employer. Detterer Unemployment Compensation Case, 168 Pa. Superior Ct. 291, 294, 77 A. 2d 886. In Cagliardi Unemployment Compensation Case, 186 Pa. Superior Ct. 142, 147, 141 A. 2d 410, 413: “ ‘Willful misconduct’ does not necessarily require actual intent to wrong the employer. If there is a conscious indifference to the perpetration of a wrong, or a reckless disregard of the employe’s duty to his employer he can be discharged for ‘willful misconduct’ and will be denied benefits. . . . ‘An employe is obliged to render loyal, diligent, faithful, and obedient service to his employer.’ ” While prior repetitious acts of misconduct are sufficient to deny benefits, a single act may constitute willful misconduct. Dati Unemployment Compensation Case, 184 Pa. Superior Ct. 292, 295, 132 A. 2d 765.
Thje facts of this case establish that claimant was guilty of willful misconduct. Although there may have been tacit, permission to leave a machine unattended for a short period of time for employes to wash their hands or take samples to the laboratory, the regulation of the employer concerning attendance at the machines
The decision of the board is reversed.