DocketNumber: Appeal, No. 361
Citation Numbers: 200 Pa. Super. 576
Judges: Ervin, Flood, Montgomery, Rhodes, Watkins, Woodside, Wright
Filed Date: 4/18/1963
Status: Precedential
Modified Date: 2/18/2022
Opinion by
In this unemployment compensation case the unemployment compensation authorities disqualified the claimant for willful misconduct within the meaning of §402(e) of the Unemployment Compensation Law, 43 PS §802(e).
The claimant, Ernest Scott, was last employed by the Sley System Garages, Philadelphia* Pennsylvania,
The question is whether these findings constitute willful misconduct connected with his work. In McCone Unemployment Compensation Case, 199 Pa. Superior Ct. 6, 184 A. 2d 275 (1962), one of the employer’s rules read as follows: “Failure for three consecutive days to report absence will result in termination of employment”, and we held, at page 8, that “Absence of an employe from work without notice in violation of a company rule evidences a deliberate disregard of the standards of behavior which the employer may rightfully expect, and constitutes wilful misconduct.”
In this case absenteeism was covered in the collective bargaining agreement between the union and the employer, which agreement is a part of this record and reads as follows: “Article YIII. Absenteeism Section 20. Any employee who fails to report for work for two (2) working assignments without notifying his supervisor (1) the reason for his absence, and (2) the probable length of his absence, shall be subject to immediate dismissal unless excused by his supervisor. Any employee who fails to report for work for two (2) working assignments (after having advised his immedi
This agreement, therefore, set up the rules of conduct so far as absenteeism is concerned between this claimant and this employer. It may be argued that company rules, as drawn by the employer may be arbitrary, but here he violated the terms of a collective bargaining agreement, which, through his representatives he, as an employee, had a. part in formulating. We have held that violation of company rules is willful misconduct. McCullough Unemployment Compensation Case, 197 Pa. Superior Ct. 389, 178 A. 2d 813 (1962); Heib Unemployment Compensation Case, 197 Pa. Superior Ct. 387, 178 A. 2d 812 (1962).
Decision affirmed.