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DOWER UNEMPLOYMENT COMPENSATION CASE. (07/21/55)

July 21, 1955

DOWER UNEMPLOYMENT COMPENSATION CASE.


Appeal, No. 22, March T., 1955, by claimant, from decision of Unemployment Compensation Board of Review, dated June 17, 1954, decision No. B-36821, in re claim of William F. Dower. Decision affirmed.

COUNSEL

William L. Hammond, Special Deputy Attorney General, with him Herbert B. Cohen, Attorney General, for appellee.

Before Rhodes, P.j., Hirt, Ross, Gunther, Wright, Woodside, and Ervin, JJ.

Author: Ervin

[ 179 Pa. Super. Page 202]

OPINION BY ERVIN, J.

This is an appeal from the decision of the Unemployment Compensation Board of Review denying benefits on the ground that claimant was disqualified to receive unemployment compensation benefits for the weeks involved because of his refusal, without good cause, to accept suitable work. Claimant was found

[ 179 Pa. Super. Page 203]

    ineligible to receive benefits for the claim weeks following his refusal to accept offered employment.

There is no substantial dispute about the facts. William F. Dower, the claimant, is 27 years of age and resides with his wife and two children in Mahanoy Plane, Pennsylvania. Claimant was last employed at the Parish Pressed Steel Company in Reading, Pennsylvania, as a press operator's helper at an hourly wage of $1.48 for a period of six months in 1953. While employed in Reading, which is approximately 45 miles from his home in Mahanoy Plane, claimant drove his own automobile to and from work. Claimant's last day of work was August 25, 1953 when he was laid off because of lack of work. On December 29, 1953 a letter was sent to the claimant by the Parish Pressed Steel Company, requesting claimant to report for work on Monday, January 4, 1954, at 11:00 p.m. in Department 61. The claimant received the letter, but did not report for work as requested. Claimant alleged that he sent a post card to the employer stating that he was unable to obtain transportation and requesting information as to how he could obtain a ride, but did not receive any reply from the employer.

The claimant filed a valid application for benefits on November 20, 1953. Thereafter he filed a waiting week claim for the week ending November 26, 1953, and continued claims for the weeks ending January 7, 14 and 21, 1954. On January 29, 1954 the bureau issued a decision allowing the claims filed for the weeks ending January 7, 14 and 21, 1954 on the ground the claimant had good cause for failure to report for scheduled work. The employer appealed, and after a hearing, the referee reversed the bureau and denied benefits on the ground that claimant was not generally available for work because he had to care for his two children and keep house while his wife was employed.

[ 179 Pa. Super. Page 204]

Claimant appealed, and the board, after further hearing, issued a decision in which it modified and affirmed the referee's decision and denied benefits under § 402(a), on the ground that claimant did not make reasonable efforts to solve his transportation difficulties.

Section 402(a) of the Unemployment Compensation Law of 1936, as amended, 43 PS § 802(a), provides: "An employe shall be ineligible for compensation for any week - (a) In which his unemployment is due to failure, without good cause ..., to ...


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