Southwestern Pennsylvania Legal Aid Society v. Unemployment Compensation Board of Review
Southwestern Pennsylvania Legal Aid Society v. Unemployment Compensation Board of Review
Opinion of the Court
Opinion by
This is an appeal from a decision by the Unemployment Compensation Board of Review (Board) affirming- a referee’s award of unemployment benefits to claimant. We affirm.
Claimant was employed by appellant and its predecessor as a legal secretary for nearly three years before she was discharged by appellant’s executive director in April 1975. Her claim for unemployment compensation was denied by the Bureau of Employment Security on the grounds that she had committed willful misconduct.
Appellant’s first contention is that the referee’s decision lacks foundation in the evidence. We disagree. It is, of course, up to the fact-finder to resolve issues of weight and credibility, and since the findings here are supported by . competent evidence, they cannot be disturbed. E.g., Smith v. Unemployment Compensation Board of Review, 17 Pa. Commonwealth Ct. 304, 331 A.2d 217 (1975).
Appellant’s second contention is that it was the victim of bias and hostility by the referee and thereby deprived of due process. Appellant alleges that the referee made hostile remarks on matters unrelated to the case.
We also noted that a fair hearing is conducted where the parties are freely allowed to testify, and that a referee, of course, may not deny the above rights to a claimant, but, where there is no evidence of such denial in the record and where the record shows that the opportunity to exercise these rights has been afforded, then a fair hearing has been conducted.
Unemployment Compensation Board of Review v. Tumolo, 25 Pa. Commonwealth Ct. 264, 360 A.2d 763, 766 (1976).
Accordingly, we will enter the following
Order
Now, November 30, 1976, the order of the Unemployment Compensation Board of Beview, dated January 5, 1976, affirming the award of unemployment compensation benefits to claimant, Margaret A. Byers, is hereby affirmed and the appeal dismissed.
Pursuant to Section 802(e) of the Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897, as amended, 43 P.S. §802(e).
Allegedly, the second failure occurred after the executive director had discussed the first incident with claimant and had explained the proper procedure to her.
These remarks reflected the referee’s opinion that .often appellant emphatically advocates a position directly opposite to that it espoused here concerning the existence of “willful misconduct” on similar facts.
Appellant places strong reliance on NLRB v. Washington Dehydrated Food Co., 118 F.2d 980 (9th Cir. 1941). There it was found that the hearing examiner:
“was guilty of threatening, badgering, and arguing with witnesses, making statements during the hearing contradictory of the true fact's, cutting short- cross-examination, and acting more in the role of a prosecutor than impartial examiner.” 118 F.2d at 996.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.