29 Pa. Commw. 525 | Pa. Commw. Ct. | 1977
Opinion by
John P. Holtzman (claimant) appeals to this Court from an order of the Unemployment Compensation Board of Review (Board) which affirmed the referee’s disallowance of unemployment compensation benefits and held that Section 402(e) of the Unemployment Compensation Law
The claimant, who had been employed as an electrical repairman with the U. S. Steel Corporation was discharged for unauthorized absence from work on November 5, 1974. During the five years preceding his discharge, he had taken thirty-two months of sick
In reviewing an unemployment compensation case, this Court is confined to a determination as to whether or not the findings of the compensation authorities are supported by substantial evidence and to questions of law, including the question of whether or not an employe’s actions constituted willful misconduct. Sturniolo v. Unemployment Compensation Board of Review, 19 Pa. Commonwealth Ct. 475, 338 A.2d 794 (1975).
Our careful review of the record reveals sufficient, competent evidence to support the findings of the Board. Although there is conflicting evidence, concerning the date on which the claimant stated that he would return to work, the Board chose to accept the employer’s evidence on this issue, and it, of course, as the ultimate fact-finder, is empowered to resolve conflicts in the evidence and to determine the credibility of witnesses. Unemployment Compensation Board of Review v. Wright, 21 Pa. Commonwealth Ct. 637, 347 A.2d 328 (1975).
We have defined willful misconduct to include “the disregard of standards of behavior which an employer can rightfully expect from his employe.” Kentucky Fried Chicken of Altoona, Inc. v. Unemployment Compensation Board of Review, 10 Pa. Commonwealth Ct. 90, 97, 309 A.2d 165, 168 (1973). Although absenteeism alone does not constitute willful misconduct, absenteeism coupled with warnings about such conduct and a failure to notify the employer according to company rules can disqualify an employe from the receipt of unemployment compensation. Unemployment Compensation Board of Review v. Rodriguez, 22 Pa. Commonwealth Ct. 586, 349 A.2d 915 (1976).
We agree with the Board that, in view of the claimant’s work history, his failure to report to work on November 5,1974, constituted a disregard of the standards of behavior which his employer had a right to expect from him. We will, therefore, affirm the Board’s decision denying unemployment compensation benefits to John P; Holtzman because of willful misconduct connected with his work.
And Now, this 13th day of April, 1977, the order of the Unemployment Compensation Board of Review is hereby affirmed.
Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. §802(e), which, provides in pertinent part:
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. . . .