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CAMPBELL v. UNEMPLOYMENT COMPENSATION BOARD REVIEW. (CAMPBELL UNEMPLOYMENT COMPENSATION CASE.) (07/13/54)

July 13, 1954

CAMPBELL
v.
UNEMPLOYMENT COMPENSATION BOARD OF REVIEW. (CAMPBELL UNEMPLOYMENT COMPENSATION CASE.)



COUNSEL

Clarence R. Kramer, Clearfield, for appellant.

William L. Hammond, Sp. Deputy Atty. Gen., Frank F. Truscott, Atty. Gen., for appellee.

Before Ross, Acting P. J., and Gunther, Wright, Woodside and Ervin, JJ.

Author: Woodside

[ 175 Pa. Super. Page 593]

WOODSIDE, Judge.

This is an appeal from the Unemployment Compensation Board of Review's denial of the appellant's

[ 175 Pa. Super. Page 594]

    claim for unemployment compensation on the ground that claimant-appellant's unemployment was 'due to voluntarily leaving work without good cause' within the meaning of Section 402(b) of the Unemployment Compensation Law, as amended by the Act of May 23, 1949, P.L. 1738, § 11, 43 P.S. § 802.*fn1

The claimant had been employed by the North American Refractories Company since the year 1917. He was laid off by the company on March 29, 1952 because of the slackening of work at the establishment. The following day he applied for benefits and received thereafter a total of $780 over a period of 26 weeks in his first benefit year.

On April 1, 1953 the claimant became 65 years of age and in accordance with the provisions of the company-union contract he had the right to exercise his option to voluntarily retire and go on pension, although the said contract provided that an employee would not be compelled to retire until reaching the age of 68.

The claimant's application for retirement was accepted effective April 1, 1953 and he was removed from the active rolls of the company thereafter, and placed upon pension. By voluntarily assuming the status of a retire employee the claimant negated the possibility of being recalled to work when the opportunity arose. At the same time he applied for and subsequently received social security benefits.

On May 30, 1953 the claimant applied for unemployment compensation benefits for his second benefit year and filed claims for the week ending June 5 through the ...


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