45 Pa. Commw. 587 | Pa. Commw. Ct. | 1979
Opinion by
Ann P. Houck (claimant) has appealed on her own behalf, and on behalf of 29 other claimants, from an order of the Unemployment Compensation Board of Review (Board) denying unemployment compensation benefits. We affirm.
Claimant was one of 54 employees of Craig HouseTechnoma Workshop, Inc. (Craig House), a school for emotionally disturbed children. Claimant and some of her fellow employees desired to have the Office and Professional Employees International Union, Local 33 (Union) recognized as the exclusive bargaining agent for the employees of Craig House. In August 1976, the Union filed petitions for certification as the exclusive bargaining representative with the National Labor Relations Board (NLRB) and with the Pennsylvania Labor Relations Board (PLRB). The petition before the PLRB is still pending, but the Union has withdrawn its NLRB petition.
An unemployment compensation referee held that claimant and her fellow employees were ineligible for benefits for the period of the work stoppage by virtue of Section 402(d) of the Pennsylvania Unemployment Compensation Law (Act), Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. §802(d), and that they were ineligible thereafter by virtue of Section 402(e), 43 P.S. §802(e) (willful misconduct). The Board disallowed further appeal, and this appeal followed.
There is no dispute that claimant is ineligible by virtue of Section 402(d) for the period from the beginning of the strike until she and the other striking employees were discharged. The sole question raised by the claimant is whether she was discharged for willful misconduct and is therefore ineligible for the subsequent period.
Willful misconduct includes a disregard of standards which an employer has a right to expect of an employee. See, e.g., Kentucky Fried Chicken of Altoona, Inc. v. Unemployment Compensation Board of Review, 10 Pa. Commonwealth Ct. 90, 309 A.2d 165 (1973). Where a method exists for conclusively es
In this case, if claimant and her fellow employees were entitled to have the Union recognized by Craig House by virtue of the National Labor Relations Act, 29 U.S.C. §151 et seq., the Pennsylvania Labor Relations Act, Act of June 1, 1937, P.L. 1168, as amended, 43 P.S. §211.1 et seq., or the Public Employe Relations Act, Act of July 23, 1970, P.L. 563, as amended, 43 P.S. §1101.101 et seq., this right could have been established by the petition, election, and certification procedures contained in each of those acts.
Order affirmed.
Order
And Now, this 12th day of September, 1979, the order of the Unemployment Compensation Board of Review, dated February 28, 1978, disallowing further appeal in the above captioned matter, is hereby affirmed.
Tiie record does not disclose, nor need we decide, which, if any of the cited acts are applicable to Oraig House and its employees.
Although Oraig House has filed a motion challenging the jurisdiction of the PLRB, there is no evidence that this was done for purposes of delay or that it is in any other fashion indicative of bad faith.