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CAIRNS UNEMPLOYMENT COMPENSATION CASE. (10/06/56)

October 6, 1956

CAIRNS UNEMPLOYMENT COMPENSATION CASE.


Appeal, No. 96, Oct. T., 1956, from decision of Unemployment Compensation Board of Review, dated November 18, 1955, No. B-40559, in case of Harry F. Cairns v. Unemployment Compensation Board of Review. Decision affirmed.

COUNSEL

Morton Crain, with him Herman Toll, for appellant.

Sydney Reuben, Special Deputy Attorney General, with him Herbert B. Cohen, Attorney General, for appellee.

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

Author: Carr

[ 182 Pa. Super. Page 143]

OPINION BY CARR, J.

Harry F. Cairns appeals from an order of the Unemployment Compensation Board reversing the referee and denying him unemployment compensation.

As stated in the record the findings of the board are as follows: "1. Claimant was last employed as a guard from August 24, 1952 by Penn Mutual Insurance Company, 6th and Walnut Streets, Philadelphia, Pennsylvania. His last day of work was April 30, 1955.

2. During the first eight months of his employment claimant worked a shift from midnight to 8:00 a.m. and was then transferred to the 4:00 p.m. to 12:00 a.m. shift. He requested a transfer to the day shift and in April 1955 when an opening on that shift occurred and another employee was given the assignment, the claimant on April 15, 1955 informed the superintendent that he was going to leave.

3. The claimant was not scheduled to report for work after April 15th until Tuesday, April 19th, and when he reported at 4:00 p.m. he found another employee had been assigned to cover his shift. This man

[ 182 Pa. Super. Page 144]

    was a regular guard and was paid overtime by the employer in order to put in the extra shift.

4. On April 19th the claimant tendered his formal resignation to become effective April 30th, assigning as his reason ...


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