Opinion
March 19, 1940.
October 2, 1940.
Unemployment compensation — Employees — Classification — Appointment — Dismissal — Reimbursement for loss of salary — Discretion of board — Appellate review.
1. Kassarich v. Unemployment Compensation Board of Review. 139 Pa. Super. 599, held controlling.
2. Daley v. Unemployment Compensation Board of Review, 140 Pa. Super. 203, held controlling.
Appeal, No. 70, Oct. T., 1940, from order of Unemployment Compensation Board of Review, No. C.S. 44-185, in case of Jennie Halteman v. Unemployment Compensation Board of Review.
Before KELLER, P.J., CUNNINGHAM, BALDRIGE, STADTFELD, PARKER, RHODES and HIRT, JJ. Decision of board reversed and appeal sustained.
Appeal by former employee to Unemployment Compensation Board from order of Secretary of Labor and Industry dismissing him.
The facts are stated in the opinion of the Superior Court.
Order entered dismissing appeal. Former employee appealed to Superior Court.
Error assigned, among others, was order dismissing appeal.
Irving W. Coleman, for appellant.
R. Carlyle Fee, Asst. Special Deputy Attorney General, with him Charles R. Davis, Special Deputy Attorney General, and Claude T. Reno, Attorney General, for appellee.
Argued March 19, 1940.
(1) On the main question involved — the legality of the appellant's dismissal from the civil service established to administer the Unemployment Compensation Law, (Act of December 5, 1936, P.L. of 1937, p. 2897) — this appeal is ruled by our decision in Kassarich v. Unemployment Compensation Board of Review, 139 Pa. Super. 599, 12 A.2d 823.
The errors or discrepancies in appellant's application as to her secondary education and business experience had been brought to the attention of the Unemployment Compensation Board of Review that passed upon her application and examination, and had been found by it to have been satisfactorily explained, and so slight as not to affect her standing.
(2) On her claim for back salary, it is governed adversely to her by our ruling on that point in Daley v. Unemployment Compensation Board of Review, 140 Pa. Super. 203, 13 A.2d 888.
The first, second and third assignments of error are sustained; the decision of the board is reversed; the appeal is sustained, and the appellant is ordered to be restored to the same grade of employment in which she had been employed.