44 Pa. Commw. 646 | Pa. Commw. Ct. | 1979
Opinion by
Walter G. West (claimant), a police officer employed by the Lower Gwynedd Township (Township), remarked to a fellow police officer, on May 18, 1977, that someone was going to get hurt as he was not going to back them up if they did not discontinue harassing him. He admitted to his immediate supervisor, who was also his partner, that he had made the remark. The incident was not reported further, and no warnings were given. No action was taken until December 1977 when fellow officers filed a complaint against claimant with the chief of police and the township supervisors based, in part, upon this incident. As a result, claimant was suspended without pay for 180 days for conduct unbecoming an officer. Claimant was denied unemployment compensation for the period in which he was suspended, based upon a finding of willful misconduct, under Section 402(e) of the Unemployment Compensation Law.
As a policeman, claimant holds a position of great responsibility and trust which requires full cooperation with fellow officers. As we said in Cerceo v. Darby, 3 Pa. Commonwealth Ct. 174, 183, 281 A.2d 251, 255 (1971), and repeated in Faust v. Police Civil Service Commission, 22 Pa. Commonwealth Ct. 123, 129, 347 A.2d 765, 768 (1975), “ [w]e demand from our law enforcement officers, and properly so, adherence to demanding standards which are higher than those applied to many other professions.” Though claimant’s remark was somewhat vague and did not portend any immediate or direet harm, it certainly communicated a threat of potential nonsupport and thereby possible harm. In his position as a policeman, claimant’s threat, even if provoked, which provocation was not clearly established here, is very serious and can only result, as it in fact did, in discord, distrust, and a disruption of an effective operation. As such, his conduct must be viewed as a disregard of standards of behavior which may rightfully be expected by his employer and thus willful misconduct. Cf. Unemployment Compensation Board of Review v. Lee, 20 Pa., Commonwealth Ct. 154, 340 A.2d 586 (1975) (willful misconduct includes threats of physical harm directed toward a supervisor); Gallagher v. Unemployment Compensation Board of Review, 42 Pa. Commonwealth Ct. 344, 400 A.2d 926 (1979) (willful misconduct includes unprovoked abusive language and threats of physical harm directed at a fellow employee).
. Based on the facts that the incident was not officially reported and no action was taken for seven
Although there, is authority for the proposition that an act constituting willful misconduct may not be the basis for a denial of benefits, if it is condoned or so remote in time from a discharge based upon the act, the facts in this case do not support a conclusion that claimant’s conduct was condoned by his employr er. Nor do they support a conclusion,.that his conduct was so remote as to excuse his willful misconduct.
Therefore, we enter the following
Order
And Now, this 10th day of August, 1979, the order of the Unemployment Compensation Board of Review, dated July 7, 1978, disallowing an appeal from the referee’s order granting unemployment compensation benefits to Walter G. West for the compensable week ending April 1, 1978, is reversed, and unemployment compensation benefits are denied Walter G. West for the compensable week ending April 1, 1978.
Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. §802(e).
See Tundel v. Unemployment Compensation Board of Review, 44 Pa. Commonwealth Ct. 312, 404 A.2d 434 (1979) ; Houff Transfer, Inc. v. Unemployment Compensation Board of Review, 40 Pa. Commonwealth Ct. 238, 242, 397 A.2d 42, 44 n. 2 (1979) ; Unemployment Compensation Board of Review v. Turner, 31 Pa. Commonwealth Ct. 70, 375 A.2d 829 (1977) ; Unemployment Compensation Board of Review v. Dravage, 23 Pa. Commonwealth Ct. 636, 639 n. 2, 353 A.2d 88, 89 n. 2 (1976).
Claimant’s supervisor testified that he did not report the incident because, as claimant’s partner, he could observe claimant’s behavior and counsel him or report him as deemed necessary. He also believed claimant was under stress.