Legal Opinion · Dissent

Bailey v. Unemployment Compensation Board of Review

Commonwealth Court of Pennsylvania

Decided September 5, 1991No. 83 C.D. 1991Published

1DissentSilvestri, Senior Judge

The majority reverses the Unemployment Compensation Board of Review (Board) which affirmed the decision of the referee denying benefits to Carlton Bailey (Bailey) pursuant *301to Section 402(e) of the Unemployment Compensation Law1 (Act). I would affirm the Board, and respectfully dissent for the following reasons.

Bailey was last employed by Kill Ltd. (employer)2 as a janitor for two years prior to his discharge. On Wednesday, July 25, 1990, Bailey reported for work. In the course of the day, and consistent with company policy, Bailey took an allotted work break. He was separate and apart from…

2Cases cited11 opinions

  1. Taylor v. Unemployment Compensation Board of ReviewSupreme Court of Pennsylvania · 1977
  2. Walker v. Unemployment Compensation Board of ReviewCommonwealth Court of Pennsylvania · 1976
  3. Horace W. Longacre, Inc. v. CommonwealthCommonwealth Court of Pennsylvania · 1974
  4. Bignell v. CommonwealthCommonwealth Court of Pennsylvania · 1981
  5. Pma v. Unemp. Comp. Bd. of ReviewCommonwealth Court of Pennsylvania · 1989

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