Opinion
Argued September 15, 1978
October 24, 1978.
Unemployment compensation — Wilful misconduct — Excessive absenteeism — Violation of labor agreement.
1. Unemployment compensation benefits are properly denied an employe when substantial evidence establishes that he was discharged for excessive absenteeism and violation of a labor management agreement which constituted wilful misconduct. [234]
Argued September 15, 1978, before Judges CRUMLISH, JR., WILKINSON, JR. and CRAIG, sitting as a panel of three.
Appeal, No. 993 C.D. 1977, from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Carl J. Davis, No. B-139966.
Application to the Bureau of Employment Security for unemployment compensation benefits. Application denied. Applicant appealed. Benefits awarded by referee. Employer appealed to the Unemployment Compensation Board of Review. Benefits denied. Applicant appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed.
Carl J. Davis, petitioner, for himself.
Charles G. Hasson, Assistant Attorney General, with him Gerald Gornish, Acting Attorney General, for respondent.
The only issue raised by Appellant, Carl J. Davis, is whether the finding of the Unemployment Compensation Board of Review that he was discharged as a result of willful misconduct connected with his employment is supported by substantial evidence. We have reviewed, with intensity, the record made before the hearing authorities and are satisfied that the testimony of the employer's foreman, Frank Cooney, and its assistant personnel director, Stanley Kogut, sufficiently supports the Board's finding that Appellant was discharged for excessive absenteeism and violation of a labor management agreement.
Accordingly, we
ORDER
AND NOW, this 24th day of October, 1978, the decision of the Unemployment Compensation Board of Review denying unemployment compensation benefits to Carl J. Davis is affirmed.