42 Pa. Commw. 344 | Pa. Commw. Ct. | 1979
Opinion by
James Gallagher (claimant), a trainman employed by the Southeastern Pennsylvania Transportation Authority (SEPTA), appeals the denial of unemployment compensation benefits by the Unemployment Compensation Board of Review (Board) on the ground of willful misconduct. We affirm.
On January 31, 1976, claimant finished work at 4:30 p.m. About midnight, he returned to the SEPTA terminal to inquire whether work was available the following day and to talk with a fellow employee, John Crompton, who allegedly was assigning claimant defective buses. Claimant asked Edward McGuigan, a security guard, where Crompton was and then waited at a rear gate to the terminal to meet Crompton as he
Willful misconduct has been defined to include a disregard of standards of behavior which the employer has a right to expect of an employee. See Frumento v. Unemployment Compensation Board of Review, 466 Pa. 81, 83-84, 351 A.2d 631, 632 (1976).
Claimant argues that his conduct does not constitute willful misconduct because he (1) was off duty, (2) did not engage in a physical assault, and (3) did not know that MeGuigan was a security guard.
This Court has held that unprovoked offensive or vulgar language directed at a supervisor may constitute willful misconduct. Fields v. Unemployment Compensation Board of Review, 7 Pa. Commonwealth Ct. 200, 300 A.2d 310 (1973). In addition, threats of physical harm directed at a supervisor in anger during a dispute have been held to constitute willful misconduct. Unemployment Compensation Board of Review v. Lee, 20 Pa. Commonwealth Ct. 154, 340 A.2d 586 (1975). Despite the fact that McGuigan was not claimant’s supervisor, we believe that his unprovoked abusive language and threats of physical violence directed toward a fellow employee constituted conduct which creates discord and disrupts orderly and efficient operations. As such, claimant’s conduct was inimical to his employer’s interest and demonstrated'a disregard of standards of behavior which SEPTA had a right to expect of its employees. Cf. Jarema Unemployment Compensation Case, 196 Pa. Superior Ct. 70, 173 A.2d 698 (1961) (claimant who directed offensive language at fellow employee which resulted in claimant alone being struck was guilty of willful misconduct); Wisniewski v. Unemployment Compensation Board of Re
We do not believe it is crucial whether claimant knew McGuigan was a security guard since he acknowledged that he believed McGuigan was a fellow SEPTA employee. Under these circumstances, we affirm the Board’s finding of willful misconduct.
Order
And Now, this 1st day of May, 1979, the order of the Unemployment Compensation Board of Review, dated August 24,1977, denying benefits to James Gallagher, is affirmed.
Claimant correctly challenged the referee’s third finding of fact which was that claimant’s conduct was in violation of company regulations. There is no evidence in the record to support this, and we therefore disregard the finding as the Board did in its brief.