24 Pa. Commw. 617 | Pa. Commw. Ct. | 1976
Opinion by
Ramon Cardellino (claimant) has filed this appeal from a decision of the Unemployment Compensation Board of Review (Board), dated July 8, 1975, which affirmed the referee’s denial of unemployment compensation benefits for willful misconduct pursuant to Section 402(e) of the Unemployment Compensation Law.
The Board’s decision contained the following “Findings of Fact”:
“1. The claimant was last employed by Gulphwyn Corporation, Merion, Pennsylvania, as a Laborer for four months at $250 per week, and his last day of work was September 18, 1974.
“2. During the course of his employment, claimant was consistently late and received numerous warnings.
*619 “3. On September 18, 1974, when claimant failed to heed the warnings of the employer and continued to be late, he was discharged.”
In willful misconduct cases, the burden of establishing the claimant’s ineligibility is placed upon the employer. Our scope of review is limited to questions of law and to a determination of whether or not the findings of the Board are supported by substantial evidence. The question as to whether or not a claimant’s conduct constituted willful misconduct is, of course, one of law and subject to our review. Unemployment Compensation Board of Review v. Walton, 21 Pa. Commonwealth Ct. 47, 343 A.2d 70 (1975) ; Sturniolo v. Unemployment Compensation Board of Review, 19 Pa. Commonwealth Ct. 475, 338 A.2d 794 (1975). And, as we have held previously :
“ ‘Misconduct within the meaning of an unemployment compensation act excluding from its benefit an employee discharged for misconduct must be an act of wanton or wilful disregard of the employer’s interest, a deliberate violation of the employer’s rules, a disregard of standards of behavior which the employer has the right to expect of his employe or negligence in such degree or recurrence, as to manifest culpability, wrongful intent, or evil design, or show an intentional and substantial disregard of the employer’s interest or the employe’s duties and obligations to the employer.’ ” Chambers v. Unemployment Compensation Board of Review, 13 Pa. Commonwealth Ct. 317, 319, 318 A.2d 422, 423 (1975). (Citations omitted.)
The Board concluded here that the “ [c] laimant’s conduct in reporting for work late, especially after receiving prior warnings, constitutes willful misconduct in connection with his work.” Constant tardiness, of course, can constitute willful misconduct. Unemployment Compensation Board of Review v. Kerstetter, 21 Pa. Commonwealth
In Walton, supra, 21 Pa. Commonwealth Ct. at 50, 343 A.2d at 72, we found that, as here,
“the Board’s findings do not meet any of the issues raised by claimant that may be legally determinative of a conclusion of willful misconduct pursuant to Chambers, supra. Though findings need not always address themselves to all of the allegations and defenses raised by a claimant, the failure of the Board to address any of the factual issues raised by this claimant certainly makes it impossible to review a legal determination of willful misconduct.”
We, therefore, issue the following
Order
And Now, this 25th day of May, 1976, the appeal by Ramon V. Cardellino is hereby sustained and this action
. Section 402(e) of the Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. §802 (e), provides inter alia, as follows:
“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... .”