170 Pa. Super. 119 | Pa. Super. Ct. | 1951
The Referee allowed unemployment compensation as claimed by the employe. This is an appeal by the employer from the order of the Board affirming the decision of the Referee.
These are the salient facts: Claimant was employed by appellant as an oyster shucker on a piecework basis. He had 15 years experience in shucking oysters and was highly efficient in his work; he opened more oysters than any of appellant’s other shuckers. In the process he cut some of the oysters thus rendering them unsaleable. The employer considered that the number of damaged, oysters was excessive and that the waste was attributable to claimant’s speed in his work in his determination to increase his earnings regardless of loss to his employer in unsaleable oysters. The Board found that " the employer discharged him because dissatisfied
The findings of the Unemployment Compensation Board do not bring claimant’s acts within the definition of willful misconduct adopted by us as the intent of the Act in Detterer Unemp. Compensation Case, 168 Pa. Superior Ct. 291, 77 A. 2d 886. Moreover the findings of the Board are supported by real and substantial competent evidence. The credibility of witnesses, the weight of their testimony and the inferences to be drawn from it are for the Board. Devlin Unemploy. Compensation Case, 165 Pa. Superior Ct. 153, 67 A. 2d 639. The findings therefore are conclusive and are binding upon us. Section 510 of the Act, 43 PS §830; Tronieri Unempl. Compensation Case, 164 Pa. Superior Ct. 435, 65 A. 2d 426; D’Yantone Unemployment Compensation Case, 159 Pa. Superior Ct. 15, 46 A. 2d 525.
Order affirmed.