Department of Corrections, Sci-Camp Hill v. Unemployment Compensation Board of Review

919 A.2d 316, 2007 Pa. Commw. LEXIS 72
CourtCommonwealth Court of Pennsylvania
DecidedFebruary 28, 2007
StatusPublished
Cited by1 cases

This text of 919 A.2d 316 (Department of Corrections, Sci-Camp Hill v. Unemployment Compensation Board of Review) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Department of Corrections, Sci-Camp Hill v. Unemployment Compensation Board of Review, 919 A.2d 316, 2007 Pa. Commw. LEXIS 72 (Pa. Ct. App. 2007).

Opinions

OPINION BY

President Judge COLINS.

Department of Corrections, SCI-Camp Hill (Department), petitions for review of the order of the Unemployment Compensation Board of Review (Board) that awarded Claimant, Corrections Officer Martin, benefits based on a finding that employer failed to establish willful misconduct as required under Section 402(e) of the Unemployment Compensation Law (Law), Act of December 5, 1936, Second Ex.Sess., P.L. (1937) 2897, as amended, 43 P.S. § 802(e). Section 402(e) provides that an employee shall be ineligible for compensation for any week “[i]n which his unemployment is due to his discharge or temporary suspension from work for willful misconduct connected with his work.”

The facts, as initially found by the referee and adopted by the Board, are as follows:

1. The claimant was last employed as a full-time correctional officer by the Pennsylvania Department of Corrections for two and a half years, until December 21, 2005. The claimant’s final rate of pay was $14.90 per hour.
2. The employer’s policy provides that employees are to treat inmates in an intelligent, humane and impartial way. Corporal punishment shall not be utilized under any circumstance.
3. The employer’s policy also provides that only the minimum amount of force necessary to defend oneself or others, to prevent escape, to prevent serious injury or damage to property or to quell a disturbance or riot will be used.
4. The employer has a policy that to ensure their safety, correctional officers are not to enter the cell if several inmates are inside the cell.
5. The employer has a policy that prohibits leaving cell doors open.
6. The employer has a policy that no cell door is to be opened after hours without the permission of the lieutenant on duty.
7. The claimant was aware of employer’s policies.
8. The claimant heard various rumors that a fellow correctional officer was planning to have an inmate assigned to the fellow officer’s cellblock assaulted by other inmates. The claimant did not have specific information as to when or [318]*318whether the assault was to occur, or which inmates were enlisted by the fellow correctional officer to conduct the assault.
9. The claimant did not report the rumors.
10. The claimant believed that if he reported the rumors, his fellow correction officers would retaliate against him by shunning him, refusing to work with him, delaying responses to emergency situations, or causing personal injury. The claimant also believed that, if other officers refused to work with him, he would be assigned more frequently to the Restricted Housing Unit (RHU), which is considered to be a more dangerous assignment.
11. On July 13, 2005, the claimant was working in a control “bubble” with the correctional officer who was rumored to be planning the assault and a third officer.
12. The claimant heard someone yelling in one of the cells in the co-worker’s assigned cell block.
13. The claimant believed that the rumored assault was occurring, and he requested that the co-worker address the situation and stop any inappropriate activity.
14. The claimant’s co-worker ignored the request, and sat with the third officer while the screams continued.
15. The claimant believed that his coworker had orchestrated the attack and that the third officer did nothing to stop the assaults.
16. The claimant was distraught over how to handle the situation based on his belief that the co-worker and third officer were in agreement not to intervene or stop the attack and the possibility of retaliation if he acted.
17. The claimant did not call for additional assistance because he did not have a radio. The claimant also believed that no one would come to help him if he did call for assistance.
18. As a result of the assault, the inmate sustained serious injuries.
19. The employer conducted an investigation regarding the assault, and found that four inmates had entered the unlocked door of the assaulted inmate’s cell and had beaten him.
20. During the investigation, the employer questioned the claimant. The claimant admitted that he had heard various rumors indicating that the inmate was targeted to be assaulted, but that he did not report the rumors.
21. The claimant also admitted that he did not report the rumors or intervene in the assault because he feared retaliation from co-workers if he did so.
22. The employer’s witness, a lieutenant with the Department of Corrections, Office of Professional Responsibility, admitted that correction officers who report other correction officers for policy violations experience retaliation, including shunning and destruction of personal property.
23. On December 20, 2005, the employer suspended the claimant without pay or benefits pending further investigation for failing to protect an inmate by not reported the rumors prior to the assault, and for not intervening during the assault.

Referee’s Decision, May 22, 2006, Findings of Fact Nos. 1-23. Based on the foregoing, the referee concluded that while the Department met its burden of proving willful misconduct Claimant established that he had good cause for the policy violation. In support of that conclusion, the Referee recounted the Claimant’s testimony and the admission by a Department witness that Claimant would likely suffer retaha[319]*319tion for following the policy of requiring him to report the conduct of a fellow correctional officer. Additionally, the Referee considered that at the time of the incident, Claimant did not have a radio and Claimant was working alone. The Referee also made reference to the Department’s policy that a corrections officer may not enter a cell alone if there are two or more inmates in the cell. The Referee concluded that Claimant remained eligible for benefits, as his conduct was not tantamount to willful misconduct. The Board adopted that conclusion;2 the Department appealed. We must reverse.

It is well settled that under Section 402(e) of the Law, an employee is ineligible for unemployment compensation benefits when his unemployment is due to discharge from work for willful misconduct connected with his work. 43 P.S. § 802(e). The employer bears the burden of proving willful misconduct in an unemployment compensation case. Simpson v. Unemployment Compensation Board of Review, 69 Pa.Cmwlth. 120, 450 A.2d 305 (1982), cert. den. 464 U.S. 822, 104 S.Ct. 88, 78 L.Ed.2d 97 (1983).

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919 A.2d 316, 2007 Pa. Commw. LEXIS 72, Counsel Stack Legal Research, https://law.counselstack.com/opinion/department-of-corrections-sci-camp-hill-v-unemployment-compensation-board-pacommwct-2007.