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ROGAN UNEMPLOYMENT COMPENSATION CASE. ERIE RESISTOR CORPORATION v. UNEMPLOYMENT COMPENSATION BOARD REVIEW. (01/21/58)

January 21, 1958

ROGAN UNEMPLOYMENT COMPENSATION CASE. ERIE RESISTOR CORPORATION, APPELLANT,
v.
UNEMPLOYMENT COMPENSATION BOARD OF REVIEW.



Appeal, No. 135, April T., 1957, by employer, from decision of Unemployment Compensation Board of Review, March 27, 1957, Decision No. B-44061, in re claim of Georgia Rogan. Order reversed.

COUNSEL

Irving Olds Murphy, with him Gifford, Graham, MacDonald & Illig, 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

[ 185 Pa. Super. Page 241]

OPINION BY WOODSIDE, J.

This is an appeal by the employer from an order of the Unemployment Compensation Board of Review granting compensation to the claimant.

The claimant had been employed by the appellant on a shift working from 3:30 o'clock in the afternoon until midnight. When she was transferred to a shift starting work at 7 o'clock in the morning, she left her employment and filed a claim for unemployment compensation.

[ 185 Pa. Super. Page 242]

The Bureau of Employment Security disapproved the claim on the ground that she "voluntarily quit her employment without compelling and necessitous reason." See section 402(b) of the Unemployment Compensation Law, 43 PS. § 802(b). Upon appeal by the claimant to the referee, he awarded compensation, and upon appeal by the employer to the Unemployment Compensation Board of Review, it affirmed the referee.

An unemployment compensation claimant who admittedly terminates his employment of his own accord has the burden of establishing good cause for the separation. Kaminski Unemployment Compensation Case, 174 Pa. Superior Ct. 242, 101 A.2d 132 (1953); Seroskie v. Unemployment Compensation Board, 169 Pa. Superior Ct. 470, 82 A.2d 558 (1951); Mikanowicz Unemployment Compensation Case, 178 Pa. Superior Ct. 612, 115 A.2d 846 (1955).

Section 402 (b) of the Unemployment Compensation Law, 43 PS § 802(b), as last amended and here applicable, provides, inter alia: "An employe shall be ineligible for compensation for any week ... (b) In which his unemployment is due to voluntarily leaving work without cause of a necessitous and compelling nature, ..."

The board found that claimant "protested this transfer because she was ailing with morning sickness due to her pregnant condition," and concluded that she "had good cause for not accepting the transfer from the second to the first shift, and when the employer was unable to continue her either on the second or third shift, her ...


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