Murry's Steaks v. Commonwealth
Murry's Steaks v. Commonwealth
Opinion of the Court
Opinion by
This is an appeal by claimant’s employer, Murry’s Steaks (Murry’s), from an order of the Unemployment Compensation Board of Review (Board) reinstating an earlier order granting unemployment compensation benefits to claimant, Edward Doughty.
Claimant, Doughty, was last employed as a store manager by Murry’s until his termination on September 17, 1977. Claimant was discharged as a result of his alleged participation in union activities. This alleged union activity, Murry’s asserted, constituted willful misconduct on the part of the claimant, as it was inimical to the best interest of claimant’s employer.
In October, 1977, the claimant filed an application for unemployment compensation benefits. The Office of Employment Security initially issued a determination granting benefits to the claimant. However, the Office subsequently rendered a revised determination denying benefits to the claimant under Section 402(e)
The sole issue facing this Court is whether the claimant’s behavior qualified as willful misconduct under Section 402(e) so as to warrant a denial of benefits.
Our review of the record indicates that petitioner’s arguments are erroneous and unsupported by the evidence. Petitioner’s only support for its allegation was the observance of a conversation between claimant and a union representative.
In order to constitute willful misconduct an employee ’s behavior must demonstrate a wanton and willful disregard of his employer’s interests, a deliberate violation of an employer’s rules, or a disregard of the standards of behavior an employer can rightfully expect of its employees. Semon v. Unemployment Compensation Board of Review, 53 Pa. Commonwealth Ct. 501, 417 A.2d 1343 (1980). Conversations with union representatives cannot be held to be action sufficient to rise to the level of willful misconduct.
Thus, the Board’s findings are supported by the record, and it acted properly in granting the claimant benefits. Accordingly, we must affirm the Board’s order.
Order
And Now, the 5th day of January, 1982, the Order of the Unemployment Compensation Board of Review at Decision No. B-154502-B, granting benefits, is affirmed.
And Now, January 11,1982, the Order entered January 5, 1982, is amended to read as follows:
AND NOW, the 5th day of January, 1982 the Order of the Unemployment Compensation Board of Review at Decision No. B-154502-D, granting benefits, is affirmed.
Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. §802 (e).
43 P.S. §874(a).
43 P.S. §874(b).
Frances Mangold acted as botb referee at the claimant’s first hearing and as hearing officer for the Board at the remand hearing. The reference to an initial referee is used merely to distinguish between Referee Mangold’s two roles.
Reference
- Full Case Name
- Murry's Steaks v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review
- Cited By
- 1 case
- Status
- Published