IN THE COMMONWEALTH COURT OF PENNSYLVANIA
Gina Brunori,
:
Petitioner
: :
v.
:
No. 1296 C.D. 2001
:
Submitted: November 16, 2001
Unemployment Compensation
:
Board of Review,
:
Respondent
:
BEFORE: HONORABLE JOSEPH T. DOYLE, President Judge
HONORABLE BERNARD L. McGINLEY, Judge
HONORABLE JOSEPH F. McCLOSKEY, Senior Judge
OPINION NOT REPORTED
MEMORANDUM OPINION
BY SENIOR JUDGE McCLOSKEY
FILED: January 9, 2002
Gina Brunori (Claimant) petitions for review of an order of the
Unemployment Compensation Board of Review (Board), reversing the decision of
a referee and concluding that Claimant was ineligible for unemployment
compensation benefits pursuant to Section 402(e) of the Unemployment
Compensation Law (UC Law).
We affirm.
Claimant was employed as a telephone salesperson for Harcourt
Learning Direct (Employer). Claimant began working for Employer in September
of 1998 and her last day of work was January 4, 2001. Employer's facility is
secured by the Kronos identification badge swiping system. Claimant was made
aware of this system at her orientation and the Kronos system policy is included in
the employee handbook, which Claimant acknowledged that she received and
reviewed. Under the Kronos system policy, all employees must swipe an exterior
Kronos receptacle to gain access to Employer's facility and then must swipe an
interior receptacle to record start and finish times as well as lunch/dinner breaks.
Claimant was not following the policy with regard to lunch breaks. In
accordance with company policy, Claimant was first orally warned and later
provided with two written warnings regarding her failure to swipe in and out for
lunch. Claimant was then placed on a thirty-day probationary period, which she
completed without incident. Afterward, however, Claimant had some attendance
problems.
Ultimately, by memorandum dated December 22, 2000, Employer
provided Claimant with a final notice for immediate termination.
This final notice stated, in pertinent part, that "any failure to follow
any procedure regarding attendance (to include: being at workstation and logged
on at beginning of shift, adhering to scheduled break and lunch, proper use of ID
Badge for KRONOS system) will lead to immediate termination." (Record at Item
No. 3). Despite this final notice, Claimant failed to swipe in and out for lunch on
either January 2, 2001, or January 3, 2001.
Additionally, Claimant took extended breaks on these days.
Claimant was thereafter discharged on January 4, 2001, for
violation of Employer's time and attendance policy.
Claimant then filed a claim for unemployment compensation benefits
with her local job center. The local job center denied Claimant benefits,
concluding that Claimant was ineligible for the same pursuant to Section 402(e) of
the UC Law.
Claimant appealed and the case was assigned to an unemployment
compensation referee. The referee conducted a hearing on February 28, 2001, and
later issued a decision reversing the determination of the local job center and
awarding Claimant benefits.
The referee concluded that Claimant had provided
credible testimony that her Kronos identification badge was not working properly
on the days in question and that she had difficulty in the past of which she made
Employer aware.
Employer appealed to the Board and the Board reversed the referee's
decision. In rendering its decision, the Board accepted the testimony presented by
Employer's witnesses as credible. Based upon this testimony, the Board found that
Employer had a time and attendance policy, that Claimant was aware of the policy
and that she was on a final warning for violating the same. The Board concluded,
however, that Claimant continued to violate this policy and that Claimant did not
establish good cause for such violations. Hence, the Board concluded that
Claimant's actions rose to the level of willful misconduct, rendering her ineligible
for benefits. Claimant now appeals to this Court.
On appeal, Claimant argues that the Board erred by failing to
consider her testimony, which demonstrated that her actions were reasonable under
the circumstances and did not rise to the level of willful misconduct.
In other words, Claimant argues that the Board's decision was not supported by substantial
evidence. We disagree.
Ms. Williams indicated that according to a report generated by the Kronos system,
Claimant's identification badge did work at the beginning and end of her shift on these dates.
that she never swiped in and out for lunch her entire time with Employer.
Regarding her tardiness, Claimant indicated that there was quite some distance
between her workstation, the lunchroom and the smoke area.
We agree with the
Board that such reasons do not constitute good cause for Claimant's violation of
Employer's time and attendance policy. Further, we cannot say that the Board's
decision was not supported by substantial evidence.
Accordingly, the order of the Board is affirmed.
JOSEPH F. McCLOSKEY, Senior Judge