Williams v. Commonwealth

380 A.2d 932, 32 Pa. Commw. 641, 1977 Pa. Commw. LEXIS 1169
CourtCommonwealth Court of Pennsylvania
DecidedDecember 14, 1977
DocketAppeal, No. 1620 C.D. 1976
StatusPublished
Cited by26 cases

This text of 380 A.2d 932 (Williams v. Commonwealth) 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
Williams v. Commonwealth, 380 A.2d 932, 32 Pa. Commw. 641, 1977 Pa. Commw. LEXIS 1169 (Pa. Ct. App. 1977).

Opinion

Opinion by

Judge Blatt,

This is an appeal by Aaron K. Williams (claimant) from an order of the Unemployment Compensation Board of Review (Board), which affirmed a referee’s determination that he had been properly discharged for willful misconduct and was, therefore, ineligible for benefits under Section 402(e) of the Unemployment Compensation Law (Act).1

Prior to his discharge, the claimant had been employed as a ship fitter by Sun Ship Building and Dry Dock Company (employer) for eleven months. The applicable collective bargaining agreement provided that an employee absent for seven days must notify the employer of his absence every seventh day in writing and that an employee absent for fifteen days without such notification will be discharged. The referee found that the claimant had injured his wrist at work, that he was sent to the company dispensary where he was treated and instructed to report to his private physician, and that he reported to the employer his physician’s recommendation that he remain off work for two weeks. As to the notice given, the claimant testified before the referee that he had telephoned a Miss Hite, the employer’s insurance representative, so as to inform the employer that he would be absent [644]*644for two weeks under the advice of his doctor, and that she had merely told him to bring a doctor’s slip when he returned to work. The employer’s representative testified, however, that Miss Hite was trained to remind employees of the requirement to provide the company with a written certificate every seven days, and also that the orientation training given to all employees emphasized the seven-day notice requirement and the fifteen-day automatic termination of employment when notice is not given as required. Here, although the claimant said that he had reported to the employer and although he testified that he' was- unaware of the written notice requirement, the Board accepted the employer’s testimony on the issue and concluded that, by violating the employer’s regulations and the provisions of the union contract, the claimant was guilty of willful misconduct.

The record here reveals no history of prior absences by the claimant without authorization or without conformity to company rules, but it does contain unrefuted testimony that the claimant had been previously absent from work because of an injury for' a period of nearly four months arid that he was never then required to fill out any report for his employer except periodic disability insurance forms. The claimant argues that, because he had no knowledge "of the seven-day written notice rule, because he had not been required to follow it previously, because there had been no prior warning of threatened discharge, and because the employer had notice of the reasons and circumstances of his absence, this technical violation of the rule in failing to submit a written notice as' to his last absence cannot be characterized as willful misconduct. The issue, therefore, is whether of not this single incident of claimant’s failure to report his absence in the manner prescribed by the collective bargaining agreement rises to the level of willful misoon[645]*645duet within the purview of Section 402(e) of the Act. It is not, we would emphasize, whether or not the employer had the right to discharge the claimant for the questioned conduct, but rather whether or not the Commonwealth is justified in reinforcing that decision by denying benefits under this Act for the conduct in question. Frumento v. Unemployment Compensation Board of Review, 466 Pa. 81, 86, 351 A.2d 631, 634 (1976); Unemployment Compensation Board of Review v. Bacon, 25 Pa. Commonwealth Ct. 583, 586, 361 A.2d 505, 507 (1976).

Section 510 of the Act, 43 P.S. §830, provides that this Court’s scope of review in unemployment compensation appeals is confined to questions of law and, absent fraud, to a determination of whether or not the findings of fact are supported by the evidence. Whether or not actions of an employee constitute willful misconduct so as to render him ineligible for unemployment compensation benefits following his discharge from employment is a question of law subject to judicial review. Nyzio v. Lee Tire & Rubber Co., 26 Pa. Commonwealth Ct. 600, 364 A.2d 981 (1976). And, while the term “willful misconduct” is not defined in the Act, this Court in numerous decisions has defined it as follows:

An act of wanton or willful disregard of the employer’s interest, a deliberate violation of the employer’s rules, a disregard of standards of behavior which the employer has the right to expect of his employee, or negligence in such degree or recurrence as to manifest culpability, wrongful intent, or evil design, or show an intentional and substantial disregard of the employer’s interest or of the employee’s duties and obligations to the employer.

Unemployment Compensation Board of Review v. Bacon, supra, 25 Pa. Commonwealth Ct. at 585, 361 A.2d [646]*646at 507 (1976) (emphasis in original); MacFarlane v. Unemployment Compensation Board of Review, 12 Pa. Commonwealth Ct. 550, 552, 317 A.2d 324, 325-26 (1974) (emphasis in original); see also Kentucky Fried Chicken of Altoona v. Unemployment Compensation Board of Review, 10 Pa. Commonwealth Ct. 90, 309 A.2d 165 (1973).

Recently this Court in Bacon, supra, a case similar to the instant claim, held that a claimant’s actions did not constitute willful misconduct where the employer’s rules provided that employees absent for one week or more without satisfactory reason would be released immediately and the claimant had informed the employer he would be absent for a couple of days due to sickness but did not return to work until after an absence of more than three weeks without further notice. He testified that he was prepared to provide a satisfactory reason for his entire absence. We concluded that the claimant’s conduct, while not praiseworthy, failed to demonstrate willful misconduct which includes an element of a consciousness of wrongdoing on the part of the employee. We explained, as in MacFarlane, supra, that an employee is guilty of willful misconduct only when he is, or under the circumstances should be, conscious that Ms actions are inimical to the interests of his employer. In Bacon, supra, the employer’s rule did not indicate when notice was to be given or how it was to be given, while in the case at hand the employer’s rule specifically required written notice every seven days. We believe, however, that the claimant here, in his single failure to report his absence in the manner prescribed, like Bacon, was not guilty of willful misconduct either. The cases wherein a single incident was held to constitute willful misconduct indicate that this determination has been made only where the single incident was “sufficiently serious” to justify that finding, as, for [647]*647example, when there were unauthorized deliveries and misrepresentations,2

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Cite This Page — Counsel Stack

Bluebook (online)
380 A.2d 932, 32 Pa. Commw. 641, 1977 Pa. Commw. LEXIS 1169, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-commonwealth-pacommwct-1977.