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JONES UNEMPLOYMENT COMPENSATION CASE. (03/18/59)

THE SUPERIOR COURT OF PENNSYLVANIA


March 18, 1959

JONES UNEMPLOYMENT COMPENSATION CASE.

Appeal, No. 2, March T., 1959, by claimant, from decision of Unemployment Compensation Board of Review, No. B-46367, in re claim of Helen R. Jones. Decision affirmed.

COUNSEL

Helen R. Jones, appellant, in propria persona, submitted a brief.

Sydney Reuben, Assistant Attorney General, with him Anne X. Alpern, Attorney General, for appellee.

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

Author: Watkins

[ 188 Pa. Super. Page 546]

OPINION BY WATKINS, J.

The claim of Helen R. Jones for unemployment compensation was denied by the bureau, the referee and the board.

Her last employment was by the Eureka Specialty Company, Scranton, Pennsylvania, as a bindery worker, on the third shift, five nights a week. She was being paid $1.51 per hour. Her last day of work was June 27, 1957, when the night shift was eliminated.

On September 20, 1957, she was offered a referral for work as a spinner-trainee at the Sauquoit Silk Company, Scranton. She would receive $1.13 an hour, on the third shift, six nights a week. The claimant refused the referral because she wanted to await recall by her former employer. There was no definite date for such recall.

Such action by the claimant disqualifies her for benefits in that, she refused a valid offer of employment without showing any urgent or compelling reason for her refusal. Section 402(a) of the Unemployment Compensation Law of December 5, 1936, P.L. 2897, as amended, 43 PS § 802(a); Wojciechowski Unemployment Compensation Case, 186 Pa. Superior Ct. 362, 142 A.2d 756 (1958).

[ 188 Pa. Super. Page 547]

And as the board found, her reason for remaining unemployed detached her from the labor market and made her unavailable for work within the meaning of Section 401(d) of the Unemployment Compensation Law, 43 PS § 801(d). The claimant rendered herself unavailable for work by conditions and limitations as to employment. Rex Unemployment Compensation Case, 183 Pa. Superior Ct. 442, 132 A.2d 363 (1957).

Disposition

Decision affirmed.

19590318

© 1998 VersusLaw Inc.



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