183 Pa. Super. 76 | Pa. Super. Ct. | 1956
Opinion
This is an appeal from the decision of the Unemployment Compensation Board of Review awarding unemployment compensation to the claimant, Cecil E. Greek. The claimant was employed by Kennametal, Inc., appellant, from January 15, 1951 to August 9, 1955, at Avhich time he Avas discharged for alleged misconduct and for interfering with another employe’s production.
On October 16, 1955, claimant filed an application for benefits and on October 27, 1955, the Bureau issued a decision denying benefit for the weeks ending August 23, 30, September 6, 13, 20, 27 and October 4, 11, 1955 on the ground that claimant Avas discharged for Avillful misconduct in connection with his Avork under
Prior to the referee’s second hearing, pursuant to the arbitration provisions of the collective bargaining agreement in effect between appellant and its employees, claimant’s discharge was arbitrated and on January 1, 1956, the arbitrator made his award, providing that claimant be returned to his employment with full seniority rights and with pay from the date of the award but without pay from the date of the award back to the date of discharge. This period was adjudged a disciplinary layoff and not a final discharge. From the record, it is not apparent whether this factor was considered by the referee and the Board in arriving at the ultimate decision in this case. Furthermore, there was some testimony to the effect that appellant’s plant was not operating from August 17, 1955 to November 2, 1955, due to a work stoppage arising from a labor dispute. No finding of fact was made on this phase of the case and the record does not indicate whether this was considered by the referee or the Board in reaching the decision here involved.
The order of the Board is vacated and the record is remanded for further hearing and specific findings of fact as herein indicated and for disposition of claim based thereon.