The Following Cases Were Heard Before the Board

MINUTES

WEDNESDAY, FEBRUARY 4, 2009

The meeting was held at 4425 N. Market StreetWilmington, DE. A quorum of the Board was present for the meeting. Present: Elmer L. Newlin, Chairman of the Board., Vance G. Daniels, Sr., D. Dryden, A. Wayne Meluney, Board Members. Also present were Daniel Logan, Deputy Attorney General, and Monica D. Gasby Board Secretary.

THE FOLLOWING CASES WERE HEARD BEFORE THE BOARD:

WilmingtonChristianSchool v. None Involved

Present: Sandy Kroeber, claimant; Michael Stafford Attorney, Colleen Presnell, State Representative. A motion was made by Mr. Dryden and seconded by Mr. Meluney. The Board moved to DISMISS. Mr. Newlin, Mr. Daniels, Mr. Dryden and Mr. Meluney all agreed.

Cynthia Kempczynski v. United Check –AD# 20070554

Present: Cynthia Kempczynski, claimant; Alva Lund employer representative. A motion was made by Mr. Daniels and seconded by Mr. Meluney. The Board moved to Affirm the Referee and Deny benefits. Mr. Newlin, Mr. Daniels, Mr. Dryden and Mr. Meluney all agreed.

Carl Curry v. FedEx Kinko –AD# 10069023

Present: Although duly notified both the CLAIMANT AND EMPLOYER NO SHOW. A motion was made by Mr. Dryden and seconded by Mr. Meluney. The Board moved to DISMISS. Mr. Newlin, Mr. Daniels, Mr. Dryden and Mr. Meluney all agreed.

Carl Reeder, Jr. v. Auto Repair –AD# 20064995

Present: Carl Reeder Jr., claimant; Employer NO SHOW. A motion was made by Mr. Dryden and seconded by Mr. Meluney. The Board moved to DISMISS. Mr. Newlin, Mr. Daniels, Mr. Dryden and Mr. Meluney all agreed.

Victor Floyd Sr. v. Knots Incorp. –AD# 10071805

Present: Claimant NO SHOW. Paul Knotts, employer representative. A motion was made by Mr. Dryden and seconded by Mr. Meluney. The Board moved to DISMISS.

Mr. Newlin, Mr. Daniels, Mr. Dryden and Mr. Meluney all agreed.

Sandra Kline v. Super Fresh –AD# 10071269

POSTPONED

Tammi Hammonds v. Emily Bissell – AD# 10067278

Present: Claimant NO SHOW. Renee D’Amore, employer representatives. A motion was made by Mr. Dryden and seconded by Mr. Meluney. The Board moved to DISMISS. Mr. Newlin, Mr. Daniels, Mr. Dryden and Mr. Meluney all agreed.

Evelyn Lewis v. Cigna –AD# 10067073

Present: Evelyn Lewis, claimant; Employer NO SHOW. A motion was made by Mr. Dryden and seconded by Mr. Meluney. The Board moved to Affirm the Referee and Deny benefits. Mr. Newlin, Mr. Daniels, Mr. Dryden and Mr. Meluney all agreed.

Brian Hutton v. Lowes Home –AD# 00072248

Present: Brian Hutton, claimant; John Howard and Andrew Morgan employer representatives. A motion was made by Mr. Dryden and seconded by Mr. Meluney. The Board moved to Affirm the Referee and Deny benefits. Mr. Newlin, Mr. Daniels, Mr. Dryden and Mr. Meluney all agreed.

Arthur Scott v. Nixon Uniform –AD# 20072313

Present: Arthur Scott, claimant; Tony Brooks and Leesa Dali, employer representatives. A motion was made by Mr. Dryden and seconded by Mr. Meluney. The Board moved to Affirm the Referee and Deny benefits. Mr. Newlin, Mr. Daniels, Mr. Dryden and Mr. Meluney all agreed.

Donald Brown v. Pepsi Bottling –AD# 10063453

Present: Donald Brown, claimant; Bruce Wray and Bridget Flanagan employer representatives. A motion was made by Mr. Meluney and seconded by Mr. Dryden. The Board moved to Affirm the Referee and Deny benefits. Mr. Newlin, Mr. Daniels, Mr. Dryden and Mr. Meluney all agreed.

Willie Abrams v. Colonial Parking –AD# 10066950

Present: Willie Abrams, claimant; Chris Hankins and Paul Anderson, employer representatives. A motion was made by Mr. Meluney and seconded by Mr. Dryden. The Board moved to Reverse the Referee and Award benefits. Mr. Newlin, Mr. Daniels, Mr. Dryden and Mr. Meluney all agreed.

Eleanor Gommer v. V.N. Barton & Assoc. –AD# 20073127

POSTPONED

Jospeh Capitani v. Interstate Equities –AD# 20073097

Present: Joseph Capitani, claimant; Nancy Friedman, observer, Matthew Gaus and Jim King claimant witnesses. RC Workman and Steve Gaus, employer representatives. A motion was made by Mr. Dryden and seconded by Mr. Meluney. The Board moved to Affirm the Referee and Deny benefits. Mr. Newlin, Mr. Daniels, Mr. Dryden and Mr. Meluney all agreed.

THE FOLLOWING CASES WERE REVIEWED BY THE BOARD:

In the matter of Tramaine Fields v. Allied Barton Security –AD# 10077392 A motion was made by Mr. Daniels and seconded by Mr. Meluney. The Board moved to Affirm the Referee and Deny further hearings.

In the matter of Phyllis Ross v. Manpower International –AD# 20078127 A motion was made by Mr. Daniels and seconded by Mr. Meluney. The Board moved to Affirm the Referee and Deny further hearings.

In the matter of Kanday Jackson v. Greenville Retirement –AD# 10075399 A motion was made by Mr. Daniels and seconded by Mr. Meluney. The Board moved to Remand to the Referee.

In the matter of Lynwood Gordon v. Walt’s Flavor Crisp –AD# 10073374 A motion was made by Mr. Daniels and seconded by Mr. Meluney. The Board moved to Schedule a Hearing.

In the matter of Nicole Taylor v. First Student Transportation –AD# 10075618 A motion was made by Mr. Daniels and seconded by Mr. Meluney. The Board moved to Remand to the Referee.

In the matter of Gary Thomas v. DelawarePark Mgmt –AD# 10075142 A motion was made by Mr. Daniels and seconded by Mr. Meluney. The Board moved to Remand to the Referee.

In the matter of Nicole Cantres v. A.I. DuPont –AD# 00071755 A motion was made by Mr. Daniels and seconded by Mr. Meluney. The Board moved to Deny Further Hearings.

In the matter of M. T. Foster v. Trojan Labor –AD# 40079025 A motion was made by Mr. Daniels and seconded by Mr. Meluney. The Board moved to Remand to the Referee.

In the matter of Calvin Baronette v. BJ Wholesale –AD# 20071453 A motion was made by Mr. Daniels and seconded by Mr. Meluney. The Board moved to Remand to the Referee.

In the matter of Lester Matthews v. Eagle Transportation –AD# 10078274 A motion was made by Mr. Daniels and seconded by Mr. Meluney. The Board moved to Remand to the Referee.

In the matter of Duane J. Jackson v. Express Employment –AD# 10074726 A motion was made by Mr. Daniels and seconded by Mr. Meluney. The Board moved to Deny Further Hearings.

In the matter of Donshan Tyson v. Dover Dog Grill –AD# 40070686 A motion was made by Mr. Daniels and seconded by Mr. Meluney. The Board moved to Remand to the Referee.

In the matter of Vone Matthews v. Knight Facility –AD# 20067189 A motion was made by Mr. Daniels and seconded by Mr. Meluney. The Board moved to Deny Further Hearings.

In the matter of Tracey Almon v. Christiana Care –AD# 20078640 A motion was made by Mr. Daniels and seconded by Mr. Meluney. The Board moved to Remand to the Referee.

In the matter of Leticia Reys v. Wal-Mart –AD# 40072229 A motion was made by Mr. Daniels and seconded by Mr. Meluney. The Board moved to Remand to the Referee.

In the matter of Schellando Elisca v. DoverDowns –AD# 40069006 A motion was made by Mr. Daniels and seconded by Mr. Meluney. The Board moved to Remand to the Referee.

In the matter of Michael Clark v. Bay Health –AD# 40072390 A motion was made by Mr. Daniels and seconded by Mr. Meluney. The Board moved to Remand to the Referee.

In the matter of Heidi Morris v. Shore Stop –AD# 40072197 A motion was made by Mr. Daniels and seconded by Mr. Meluney. The Board moved to Remand to the Referee.

In the matter of Copeland Martin v. None Involved –AD# 50072672 A motion was made by Mr. Daniels and seconded by Mr. Meluney. The Board moved to Deny Further Hearings.

In the matter of James Mills Jr. v. None Involved –AD# 50050406 A motion was made by Mr. Daniels and seconded by Mr. Meluney. The Board moved to Deny Further Hearings.

In the matter of U Oboh v. None Involved –AD# 10074105 A motion was made by Mr. Daniels and seconded by Mr. Meluney. The Board moved to Remand to the Referee.

Respectfully Submitted,Approved By:

Diane M. BourneElmer L. Newlin

Secretary for the BoardChairman

Unemployment Insurance

Appeals Board