Appeal, No. 56, April T., 1958, by claimant, from decision of Unemployment Compensation Board of Review, No. B-46136, in re claim of Albin Zupancic. Decision affirmed.
Albin Zupancic, appellant, in propria persona.
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.
[ 186 Pa. Super. Page 253]
This is an appeal from a decision of the Unemployment Compensation Board of Review holding that the claimant voluntarily terminated his employment without cause of a necessitous and compelling nature and was disqualified from receiving benefits under the provisions of Section 402 (b) of the Unemployment Compensation Law of December 5, 1936, P.L. 2897, as amended, 43 PS § 802 (b).
Section 402 (b) of the Unemployment Compensation Law, 43 PS § 802 (b) provides that, "An employe shall be ineligible for compensation in any week - (b) In which his unemployment is due to voluntarily leaving work without cause of a necessitous and compelling nature...".
The claimant, Albin Zupancic, was last employed as a general laborer for three days by the Pittsburgh Racing Association, Imperial, Pennsylvania. His last day of work was June 24, 1957. He admits that he voluntarily terminated his employment on that date. The record indicates that in his claim to the bureau and his testimony at the hearing and remanded hearing before the referee that he was dissatisfied with the work involved, and the wages he was receiving; that he was not laid off or discharged and continuing employment was available; that he did not understand the work and he left because it was of a temporary nature; and that he terminated his employment because he had no transportation to and from work since the fellow worker with whom he had been riding had quit his job.
[ 186 Pa. Super. Page 254]
The referee had found as a fact that he left his work because he considered his wages too low, he did not understand his work and because the work was temporary in nature. The board, after a remanded hearing, vacated this finding of fact of the referee and substituted therefor: "Claimant voluntarily terminated his employment on June 24, 1957 because the fellow worker with whom he was riding quit his employment, and the claimant had no means of transportation to and from work." The board affirmed the conclusion of the referee in disqualifying the claimant for benefits under section 402 (b) of the law.
The only question before this Court is whether this transportation problem supports the burden of the claimant to prove a necessitous and compelling reason for leaving his work.
As a general rule an employe who is out of work by his own decision is thereby removed from the protection of the law. This, however, is qualified to the extent that an unemployed worker may be eligible even if he voluntarily left work, if his leaving was prompted by good cause of necessitous and compelling nature. This Court has consistently held in a long line of cases that the circumstances compelling the decision to leave employment must be "real not imaginary, substantial not trifling, reasonable not whimsical...". Sturdevant Unemployment Compensation Case, ...