20 Pa. Commw. 154 | Pa. Commw. Ct. | 1975
Opinion by
This is an appeal by Edward Lee (Lee) from a decision of the Unemployment Compensation Board of Review (Board), dated September 18, 1974, which held that Lee was not eligible for benefits because he had been suspended for wilful misconduct.
Lee was employed by the Alan Wood Steel Company (Company) for approximately 24 years as a stove tender. Lee’s scheduled work hours were from 3:00 P.M. to 11:00 P.M. On April 2, 1974, Lee became involved in a dispute with his supervisor when he requested that his time card be punched for overtime pay. The record reveals that the dispute was a regrettable incident in which both Lee and his supervisor had good reason to believe they were acting properly. Lee had worked one-half hour overtime at the request of another supervisor and wanted his time card punched to indicate the overtime. Lee’s supervisor knew nothing about the request by the other supervisor,
In his appeal to this Court, Lee contends that he did not threaten his supervisor and that his conduct during the dispute did not constitute wilful misconduct. Lee represented himself in this appeal, and although he did not file a formal brief, he did appear and argue before the Court.
Our scope of review in this type of case is limited to questions of law and a determination of whether the findings of the Board are supported by substantial evidence. See Dunkle v. Unemployment Compensation Board of Review, 15 Pa. Commonwealth Ct. 495, 327 A. 2d 409 (1974).
The Board found that Lee “threatened his supervisor with bodily harm” and concluded that such conduct constituted wilful misconduct, and caused Lee to be ineligible for benefits under section 402(e) of the Unem
The only question involved in this case is whether the Board’s finding concerning the threat is supported by substantial evidence. Our review of the record forces us to conclude that it contains ample support for the Board’s finding. Lee’s supervisor testified concerning Lee’s conduct during the dispute, and his testimony was sufficient to sustain the employer’s burden of proving wilful misconduct. See Unemployment Compensation Board v. Stiles, 19 Pa. Commonwealth Ct. 38, 340 A.2d 594 (1975). We recognize that Lee denies that he threatened his supervisor, but, as we have stated so many times, questions concerning the credibility and weight of the evidence are for the Board, rather than this Court. See Meany v. Unemployment Compensation Board of Review, 15 Pa. Commonwealth Ct. 576, 329 A.2d 314 (1974).
In accordance with the above we therefore
Order
And Now this 7th day of July, 1975, the order of the ' Unemployment Compensation Board of Review, dated September 18, 1974, denying benefits to Edward Lee, is hereby affirmed.