21 Pa. Commw. 260 | Pa. Commw. Ct. | 1975
Opinion by
Lucille E. Kerstetter (claimant) was employed by Union Products (employer) as a production worker until January 11, 1974 at which time she was discharged. Her application for unemployment compensation benefits was subsequently approved by the Bureau of Employment Security (Bureau). Upon the employer’s appeal, however, a hearing was conducted by a referee who issued a decision reversing the Bureau and denying benefits. The claimant appealed to the Board of Review (Board) which ordered a second hearing, following which the referee’s decision was affirmed. The claimant presently appeals to this Court.
Some time in or prior to September of 1973, the claimant entered into an arrangement with her employer whereby she was permitted to arrive at work by 8 o’clock, one hour later than the normal starting time. The employer’s superintendent, Mr. Beachy, testified that he spoke with the claimant in December of 1973 about her
We recently considered a similar case, Unemployment Compensation Board of Review v. Schmid. 20 Pa. Commonwealth Ct. 286, 341 A.2d 553 (1975). We there recited the familiar definition of willful misconduct and we indicated that, normally, constant tardiness would fall within its meaning. The employer in that case, however, had expressly notified his employees as to how much tardiness would be tolerated before discharge, and we held that he thereby set the standard for willful misconduct relating to tardiness. We further held that if the employee did not breach that standard, even though he was late again, his lateness could not constitute willful
In presenting its case before us, the Board attempts to rely to some extent on latenesses prior to January 8. But the employer’s witnesses made it clear that the claimant was discharged for lateness on only three dates, January 8, 10 and 11. If the employer did not consider other latenesses as relevant to the reasons for her discharge, neither may the Board.
For the foregoing reasons, we issue the following
Order
And, Now, this 23rd day of September, 1975, the decision of the Unemployment Compensation Board of Review is hereby reversed, the application for benefits by Lucille E. Kerstetter is approved and her claims for the compensable weeks ending January 12, 1974, January 19, 1974 and January 26, 1974 are granted.
. Act of December 5, 1936, Second Ex. Sess., P. L. (1937) 2897, as amended.