Opinion
July 7, 1971
Editorial Note:
This case has been marked 'not for publication' by the court.
James H. Barkley, Denver, for petitioner.
Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Robert L. Harris, Asst. Atty. Gen., for respondent Industrial Commission of Colorado (Ex-officio Unemployment Compensation Commission of Colorado).
SILVERSTEIN, Chief Judge.
This is an unemployment compensation case. Petitioner, Barajas, sought unemployment compensation from two former employers, Gates and Sons, Inc., the first employer, and Colorado Metal Products Corp., the second employer. He appeals an order of the commission which affirmed an order of the referee denying compensation.
Barajas asserts that the findings and conclusions of the referee were not supported by the evidence and were based on hearsay. We affirm the order of the commission.
As to the first employer, the record discloses that petitioner quit because he refused to accept a ten day disciplinary lay-off for excessive absenteeism and tardiness and for failure to punch the time clock. Petitioner's own testimony establishes the fact that he was guilty of the charges warranting the disciplinary action and that petitioner was basically responsible for the separation.
Therefore under 1965 Perm.Supp., C.R.S.1963, 82--4--8(7) and the regulations thereunder, the No Award order was correct.
Petitioner claims he left the second employer because he did not receive a raise to which he felt he was entitled. Ignoring all the hearsay testimony about which petitioner complains, again his own testimony refutes his claim. Petitioner was receiving the prevailing rate of pay received by other workers performing the same or similar work. The No Award order was correct. 1965 Perm.Supp., C.R.S.1963, 82--4--8(6)(b)(i).
The order is affirmed.
DWYER and PIERCE, JJ., concur.