Summary
distinguishing between civil service Section 807 "just cause" and willful misconduct
Summary of this case from McCain v. E. Stroudsburg St. CollegeOpinion
Argued January 10, 1975
February 21, 1975.
Unemployment compensation — Just cause for dismissal — Civil Service Act, Act 1941, August 5, P. L. 752 — Wilful misconduct — Unemployment Compensation Law, Act 1936, December 5, P. L. (1937) 2897 — Legislative intent — Job security — Financial support — Scope of appellate review — Capricious disregard of competent evidence — Failure to follow instructions — Credibility.
1. Just cause for removal of a classified employe under the Civil Service Act, Act 1941, August 5, P. L. 752, could be incompetency or inability to perform required duties, while wilful misconduct under the Unemployment Compensation Law, Act 1936, December 5, P. L. (1937) 2897, is a wilful disregard of the employer's interest, a deliberate violation of rules or gross negligence such as to manifest culpability, wrongful intent or evil design. [560]
2. The Civil Service Act, Act 1941, August 5, P. L. 752, is intended to provide job security to competent public employes in classified service, while the Unemployment Compensation Law, Act 1936, December 5, P. L. (1937) 2897, is intended to provide financial support to persons unemployed for reasons other than wilful misconduct in their last job. [560-1]
3. In an unemployment compensation case where the Unemployment Compensation Board of Review rejects the employer's claim that the discharge of the claimant was for wilful misconduct, the Commonwealth Court of Pennsylvania on appeal must determine whether the Board capriciously disregarded competent evidence in making such determination. [561]
4. While inability to follow instructions can constitute just cause for dismissal of a classified employe, it does not necessarily constitute wilful misconduct so as to preclude recovery of unemployment compensation benefits by dismissed employe. [561]
5. In an unemployment compensation case questions of credibility are for the referee and the Unemployment Compensation Board of Review and not for the reviewing court. [561]
Argued January 10, 1975, before Judges CRUMLISH, JR., ROGERS and BLATT, sitting as a panel of three.
Appeal, No. 534 C.D. 1974, from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of F. Shirley Kaplan, No. B-121054.
Application to Bureau of Employment Security for unemployment compensation benefits. Application denied. Applicant appealed to the Unemployment Compensation Board of Review. Decision of referee awarding benefits sustained by Board. Employer appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed.
Darius G. C. Moss, Assistant Attorney General, with him Barry A. Roth, Assistant Attorney General, and Marx S. Leopold, General Counsel, for appellant.
Charles G. Hasson, Assistant Attorney General, with him Sydney Reuben, Assistant Attorney General, and Israel Packel, Attorney General, for appellee.
The appellee in this unemployment compensation case was removed from her State civil service position of Supervisor II with the Lebanon County Board of Assistance. The removal action was upheld by the State Civil Service Commission and this court. Kaplan v. State Civil Service Commission, 13 Pa. Commw. 29, 317 A.2d 683 (1974). Ms. Kaplan applied for unemployment compensation benefits. The Bureau of Employment Security disapproved her application on the ground that her removal was for wilful misconduct. After hearing on Ms. Kaplan's appeal, a referee of the Unemployment Compensation Board of Review reversed the Bureau's determination. The Board of Review affirmed the referee's allowance of compensation and the Lebanon County Board of Assistance has appealed to this court. We affirm the Board.
Subsequent to her removal as of May 14, 1973, the Lebanon County Board of Assistance, the appointing authority ( See Bleilevens v. State Civil Service Commission, 11 Pa. Commw. 1, 312 A.2d 109 (1971)) suspended Ms. Kaplan as of May 7, 1973 for an asserted cause discovered after the removal action.
The employer contends that the determination in the civil service case that Ms. Kaplan was removed for just cause should control the outcome of this case. Just cause, justifying the removal of a civil service employe, is clearly a different standard from that of wilful misconduct, rendering the worker ineligible for unemployment compensation benefits. Just cause may be established by a showing of conduct establishing that the employe lacks the competency and ability to perform the duties of his position in the classified service, as a reference to our decision in Ms. Kaplan's civil service appeal shows. Kaplan v. State Civil Service Commission, 13 Pa. Commw. 29, 33, 317 A.2d 683, 685-686 (1974). Wilful misconduct imports the requirement that the employe's actions leading to loss of employment be shown to have wilfully disregarded the employer's interest, deliberately violated its rules, or was so grossly negligent as to have manifested culpability, wrongful intent or evil design. Loder v. Unemployment Compensation Board of Review, 6 Pa. Commw. 484, 296 A.2d 297 (1972). The purpose of the Civil Service Act is to give job security to competent public employes in the classified service. The purpose of the Unemployment Compensation Act is to provide financial support to workers without jobs for reasons other than their deliberate misconduct in their last employments.
Act of August 5, 1941, P. L. 752, as amended, 71 P. S. § 741.1 et seq.
Act of December 5, 1936, Second Ex. Sess. (1937) 2897, as amended, 43 P. S. § 751 et seq.
The Lebanon Board of Assistance had the burden to prove wilful misconduct as we have defined it. The Unemployment Compensation Board of Review having found against the Board of Assistance, it is our function to determine whether the Board of Review capriciously disregarded competent evidence supporting the employer's charge that Ms. Kaplan's conduct was wilful, deliberate and culpable.
The employer depended almost entirely upon the testimony of the Executive Director of the Board of Assistance. This tended to show that Ms. Kaplan failed to follow his or departmental instructions in the performance of her duties. Ms. Kaplan had explanations for each of the asserted derelictions, which explanations, if believed, established that she misunderstood or was unable to understand the instructions, or was not alert to changed rules and regulations, or in one matter was simply unable to do an assigned task within the time limitations imposed by the Executive Director. While some of the instances of alleged misconduct might have supported an inference that Ms. Kaplan insubordinately failed to follow instructions, the referee and the Board of Review chose to credit her assertions of proper motive. This was their function, not ours.
ORDER
AND NOW, this 21st day of February, 1975, it is ordered that the appeal of the Lebanon County Board of Assistance be and it is hereby dismissed and the determination of the Unemployment Compensation Board of Review be and it hereby is affirmed.