Sun Shipbuilding & Dry Dock Co. v. Unemployment Compensation Board of Review

Opinion by

Hirt, J.,

The facts, and there is no dispute as to them, raise a question of first impression in this appeal. We think the Board was wrong in its construction of the Unemployment Compensation Law, (the Act of December 5,1936, Second Ex. Sess. P. L. [1937] 2897, 43 PS §751 et seq., as amended) as applied to the problem. The order will be reversed.

Claimant had been in the employ of the Sun Shipbuilding and Dry Dock Company, the appellant here, for about eight years until September 21,1949. On that date he was found asleep at his job during working hours and was discharged on that…