Appeal, No. 140, April T., 1955, by claimant, from decision of Unemployment Compensation Board of Review, dated April 6, 1955, Decision No. B-39103, in re claim of George L. Kinter. Decision affirmed.
George L. Kinter, appellant, in propria persona.
Sydney Reuben, 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.
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In this unemployment compensation case, George Kinter, claimant, appeals from a decision of the Board
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of Review denying him benefits under section 402 (b) of the Act, 43 P.S. sec. 802 (b).
Claimant began his employment with the Erie Forge and Steel Corporation in Erie in 1942 as a crane operator. He continued at that position until he became ill in January, 1948 and was admitted to the Warren State Hospital. A guardian was appointed for him at that time. He was discharged from the hospital and returned to Erie Forge and Steel in February 1949 as a laborer in the machine shop. In January 1950 he transferred to the carbide tool room as a grinder which work he continued until August 6, 1954. On this date, the company temporarily decreased its work force, cutting the claimant back to a position as laborer in another department with a cut in hourly rate. He failed to report for work in the new department and a conference was held by the claimant, his union representative and management. It was the claimant's belief that he should have been put back on the crane operation to which position he would ordinarily have been entitled by seniority. The union and management felt, however, that claimant was unfit to handle the crane and they invoked the provision in the labor contract which gave the company the right to refuse recognition of his seniority, even for a trial period, if "in the opinion of the company such trial endangers the life of any employee or seriously endangers equipment or production." Claimant continued then in his failure to report for work, was notified of his separation and the present proceeding was instituted.
Claimant's failure to report to the new job amounted to a voluntary quit. It was usual and customary at this plant and it was the union procedure that an employe who had a grievance of this nature would report to the new assignment and then institute the appropriate
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grievance proceedings to determine the merit of his complaint. This, claimant failed to follow. He chose to bring the matter to issue immediately by failing to report, and he persisted in this failure even after his employer explained that it would then become necessary to replace him in the new position. His leaving was of his own accord and motion, hence voluntary. Mehlbaum Unemployment Compensation Case, 175 Pa. Superior Ct. 497, 501, 107 A.2d 141. The case turns then on whether claimant had good cause to leave and he had the burden of establishing such good cause. ...