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JUNDA UNEMPLOYMENT COMPENSATION CASE. (12/09/58)

December 9, 1958

JUNDA UNEMPLOYMENT COMPENSATION CASE.


Appeal, No. 244, April T., 1958, by claimant from decision of Unemployment Compensation Board of Review, No. B-48015, in re claim of George A. Junda. Decision affirmed.

COUNSEL

Louis Manderino, with him Manderino & Manderino, for claimant, appellant.

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

John G. Wayman, with him E. A. Easton, Leonard L. Scheinholtz, Francis St. Clair O'Leary, and Reed, Smith, Shaw & McClay, for employer, intervening appellee.

Before Rhodes, P.j., Hirt, Gunther, Wright, Ervin, and Watkins, JJ. (woodside, J., absent).

Author: Wright

[ 188 Pa. Super. Page 255]

OPINION BY WRIGHT, J.

George A. Junda was employed by the Pittsburgh Steel Company, Monessen, Pennsylvania. His last day of work was May 17, 1957. On December 13, 1957, Junda filed an application for benefits which was denied by the Bureau of Employment Security on the ground that his unemployment was due to voluntarily leaving work without cause of a necessitous and compelling

[ 188 Pa. Super. Page 256]

    nature under Section 402(b) of the Unemployment Compensation Law. Act of December 5, 1936, P.L. (1937) 2897, 43 P.S. 802(b). The Bureau's decision was reversed by the Referee, whereupon the employer appealed to the Board of Review. After a further hearing, the Board vacated the findings of fact of the Referee, substituted new findings, and concluded that claimant was properly disqualified under Section 402(b). This appeal followed.

In support of its conclusion, the Board made, inter alia, the following findings of fact:

"2. On May 15, 1957 the claimant requested a leave of absence from the Supervisor of Industrial Relations for the purpose of engaging in a political campaign on behalf of a third party.

"3. The leave of absence was denied in accordance with company policy. However, the Supervisor told the claimant he could take the week vacation he had coming and an additional two weeks to 'try to get this thing out of your system, and if you ...


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