Oritz v. Unemployment Insurance Appeal Board

OPINION

CHRISTIE, Judge.

Elpidia S. Ortiz (claimant), formerly employed by Brown & Scott Packing Company (employer), has appealed from a decision of the Unemployment Insurance Ap peal Board (Board) affirming denial of unemployment compensation benefits by a claims deputy and by a referee. The issue raised in the appeal is whether the employer by tolerating claimant’s poor attendance thereby waived its right to discharge claimant for just cause when his absenteeism and tardiness persisted.

Claimant was hired by Brown & Scott as a machine operator in November of 1970. In mid-1971, claimant’s wife…