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NYGREN UNEMPLOYMENT COMPENSATION CASE. MERCK & CO. v. UNEMPLOYMENT COMPENSATION BOARD REVIEW. (06/11/57)

June 11, 1957

NYGREN UNEMPLOYMENT COMPENSATION CASE. MERCK & CO., INC., APPELLANT,
v.
UNEMPLOYMENT COMPENSATION BOARD OF REVIEW.



Appeal, No. 258, Oct. T., 1956, from decision of Unemployment Compensation Board of Review, May 18, 1956, No. B-41835, in re claim of Mary S. Nygren. Decision affirmed.

COUNSEL

Hayward H. Coburn, with him Drinker, Biddle & Reath, for appellant.

Sydney Reuben, Assistant Attorney General, with him Thomas D. McBride, Attorney General, for appellee.

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

Author: Woodside

[ 184 Pa. Super. Page 140]

OPINION BY WOODSIDE, J.

This is an appeal by an employer from an order of the Unemployment Compensation Board granting compensation to the claimant after she refused an assignment of work on the ground that it was not suitable.

The claimant, Mary S. Nygren, was employed as a packer for three years at appellant's plant in Riverside. She worked on rotating shifts earning $1.44 per hour for day work and $1.49 per hour for night work. On July 29, 1955, she was laid off because the packing department of her employer was transferred to Philadelphia. There is no question as to her eligibility on the basis of her separation from this employment.

Prior to her employment with the appellant, the claimant was employed by Westinghouse Corporation for 7 1/2 years at $1.25 per hour and at Rhem's for 2 1/2 years at $1.33 per hour.

Claimant was declared eligible for compensation by the Bureau of Employment Security and received benefits at the rate of $33 per week.

On November 7, 1955, after claimant had received compensation for ten weeks, the bureau referred her to a store in Danville for a position as a sales clerk at $.60 per hour. She refused to accept this proffered employment, and the Bureau of Employment Security thereupon, under the provisions of section 402 (a) of the Unemployment Compensation Law, refused her further compensation. She appealed, and a referee, after hearing, decided the bureau's action was proper. She thereupon appealed to the board which reversed the referee and held that she was entitled to compensation on the ground that the proffered employment was not suitable because of the disparity in wages. From its order her last employer, Merck & Company, Inc., has appealed to this Court.

Section 402 of the Unemployment Compensation Law (43 PS ยง 802(a)) ...


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