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PUSA UNEMPLOYMENT COMPENSATION CASE. ERIE FORGE & STEEL CORPORATION v. UNEMPLOYMENT COMPENSATION BOARD REVIEW. (07/21/55)

July 21, 1955

PUSA UNEMPLOYMENT COMPENSATION CASE. ERIE FORGE & STEEL CORPORATION, APPELLANT,
v.
UNEMPLOYMENT COMPENSATION BOARD OF REVIEW.



Appeal, No. 87, April T., 1955, by employer, from decision of the Unemployment Compensation Board of Review, No. B-38392, in re claim of John E. Pusa. Decision reversed.

COUNSEL

Irving Olds Murphy, with him Gifford, Grahm, MacDonald & Illig, for appellant.

William L. Hammond, Special Deputy Attorney General, with him Herbert B. Cohen, Attorney General, for Unemployment Compensation Board of Review, appellee.

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

Author: Rhodes

[ 178 Pa. Super. Page 349]

OPINION BY RHODES, P.J.

This is an appeal by Erie Forge and Steel Corporation from the decision of the Unemployment Compensation Board of Review affirming the referee and the bureau in allowing claim of the claimant John E. Pusa.

The first and second findings of fact of the referee and the board are the same. They are undisputed and read as follows:

"1. The claimant was last employed by Erie Forge & Steel Corp., 14th and Cascade Streets, Erie, Pa., as a bricklayer earning $2.07 per hour. He was employed for seven years and June 23, 1954 was his last day of work.

"2. Subsequent to June 23, 1954 there was no bricklayer work available for the claimant. Therefore, in accordance with his seniority rights he was offered a transfer to the labor department at an hourly wage rate of $1.63 1/2."

The board's third finding of fact reads as follows:

"3. The claimant refused the transfer on the grounds that the work offered ...


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