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Unemployment Compensation Board of Review of the Commonwealth v. Kullen

Unemployment Compensation Board of Review of The Commonwealth of Pennsylvania v. Joseph R. Kullen

Unemployment Comp. Bd. of Review of the Commonwealth v. Kullen, 346 A.2d 926 (Pa. Commw. Ct. 1975)
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Court
Commonwealth Court of Pennsylvania · State Appellate Courts
Decided
October 31, 1975
Docket
Nos. , No. 1501 C.D. 1974
Judges
Bowman, Kramer, Mencer
Citations
346 A.2d 92621 Pa. Commw. 4881975 Pa. Commw. LEXIS 1231

Opinion of the Court — Kramer

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Opinion by Judge Kramer,

This is an appeal by Joseph R. Kullen from an order of the Unemployment Compensation Board of Review dated October 30, 1974, which reversed a referee’s award of benefits to Kullen. The only question presented is whether the Board’s findings of fact support its conclusion that Kullen was discharged for “willful miscon *490 duct,” as that term is used in Section 402(e) of the Unemployment Compensation Law, Act of December 5, 1936, Second Ex. Sess. P.L. (1937) 2897, as amended, 43 P.S. §802 (e). We conclude that the findings are inadequate and reverse.

By the Board’s admission, there is only one finding of fact which can support its conclusion. This finding reads as follows:

“On February 16, 1972, the claimant was discharged because of a generally uncooperative attitude toward his work. Specifically, he displayed a refractory attitude in accepting job assignments, and indulged in what the employer termed ‘horseplay’ around the office.”

The Board, in its brief, acknowledges that “a claimant’s attitude per se is seldom grounds for ineligibility under Section 402(e) of the Law.” An employe’s poor attitude must be coupled with some specific conduct adverse to his employer’s interest, or result in some identifiable detriment to the employer before a conclusion of willful misconduct is justified. Even a casual reading of the guidelines set forth by this Court in Kentucky Fried Chicken of Altoona, Inc. v. Unemployment Compensation Board of Review, 10 Pa. Commonwealth Ct. 90 , 309 A. 2d 165 (1973) makes it obvious that some detriment to the employer’s interest must be shown.

Neither the Board’s-'finding that Kullen had a “refractory attitude” tqward his work, nor its finding that Kullen engaged iji‘‘horseplay” is sufficiently specific to justify the Board’s conclusion. The Board did not find as a fact that Kullen had refused to perform an assigned task, or that he had discharged his duties in an unsatisfactory manner. Neither did the Board find as a fact that the “horseplay” involved any incident of significance to the employer. The terms “refractory attitude” and “horseplay” are not precise enough to be relied upon in reaching the legal conclusion of willful misconduct.

*491 Accordingly, we

Order

And Now, this 31st day of October, 1975, it is ordered that the order of the Unemployment Compensation Board of Review in the above-captioned matter, dated October 30, 1974, is reversed.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

Cited by 10 cases

View all citing references →
1976: 11977: 21978: 31979: 11980: 11986: 12008: 119762026peak 1978 · 3

Relies on it most ⓘ

  1. Luketic v. Commonwealth386 A.2d 1045 (Pa. Commw. Ct. 1978)
  2. Gunderman v. UN. COMP. BD. OF REV.505 A.2d 1112 (Pa. Commw. Ct. 1986)
  3. Miller v. Commonwealth405 A.2d 1034 (Pa. Commw. Ct. 1979)
  4. Unemployment Compensation Board of Review v. Dravage353 A.2d 88 (Pa. Commw. Ct. 1976)
  5. Department of Corrections v. Unemployment Compensation Board of Review943 A.2d 1011 (Pa. Commw. Ct. 2008)
  6. Curtis v. Commonwealth379 A.2d 1069 (Pa. Commw. Ct. 1977)

Most recent

  1. Department of Corrections v. Unemployment Compensation Board of Review943 A.2d 1011 (Pa. Commw. Ct. 2008)
  2. Gunderman v. UN. COMP. BD. OF REV.505 A.2d 1112 (Pa. Commw. Ct. 1986)
  3. Astarb v. Commonwealth413 A.2d 761 (Pa. Commw. Ct. 1980)
  4. Miller v. Commonwealth405 A.2d 1034 (Pa. Commw. Ct. 1979)
  5. Parke v. Commonwealth393 A.2d 62 (Pa. Commw. Ct. 1978)
  6. Endres v. Commonwealth391 A.2d 61 (Pa. Commw. Ct. 1978)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Ky. Fried Chicken of Altoona, Inc. v. Unemployment Comp. Bd. of Review, 309 A.2d 165 (Pa. Commw. Ct. 1973) 270

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