Szychulski v. Commonwealth
Szychulski v. Commonwealth
Opinion of the Court
Opinion by
Watson F. Szychulski has appealed from a decision and order of the Unemployment Compensation Board of Review denying him benefits.
Mr. Szychulski, an experienced warehouseman in the employ of Cotter and Company at its distribution center in Philadelphia, was directed by his foreman to complete the processing and checking in of a shipment of camping gear. The entire shipment consisted of 16 pallets but there were only five pallets available for Mr. Szychulski’s examination, the remaining pallets having been previously checked in but not signed for by another workman several days earlier. Mr. Szyehulski demurred to checking a part only of the shipment if he were to be obliged to sign for the whole. He testified clearly and repeatedly that his foreman and a superintendent thereupon ordered him to check the partial consignment and sign for the whole and that when he refused he was discharged. Mr. Szychulski’s
The Board concluded nevertheless that Szychulski’s refusal of his superiors’ orders was willful misconduct rendering him ineligible for compensation by Section 402(e) of the Pennsylvania Unemployment Compensation Law, Act of December 5, 1936, Second Ex. Sess., P. L. 2897 (1937), 43 P.S. §802(e). We disagree.
The Board of Review’s opinion includes the following paragraph: “The claimant, as a platform loader and checker, had the duty of taking count of incoming shipments of merchandise at Ms employer’s loading dock. On the Saturday previous to his last day of work, incoming shipments had been checked by his foreman. On the following Monday, the claimant was asked to sign for the total shipment including those items checked on the previous Saturday. The claimant refused to mark his tally sheet with the total amount, but would only affix his signature to a report indicating the five pallet loads then in view. The result of the altercation with his employer was in his receiving an ultimatum concerning his job. The claimant continued to refuse and, when this impasse occurred, he elected to quit rather than face the disciplinary action incident to his discharge. When this claimant refused to perform the assigned tasks, he became guilty of willful misconduct. His separation may be considered a dis
Order
And Now, this 5th day of March, 1974, the appeal of Walter F. Szychulski is sustained and the order of the Unemployment Compensation Board of Review is hereby reversed and the record remanded for action by the Board not inconsistent with this opinion.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.