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PATELMO UNEMPLOYMENT COMPENSATION CASE. (04/13/61)

April 13, 1961

PATELMO UNEMPLOYMENT COMPENSATION CASE.


Appeal, No. 31, Oct. T., 1961, by claimant, from decision of Unemployment Compensation Board of Review, No. B-59372, in re claim of Andrew Patelmo. Decision affirmed.

COUNSEL

Eugene B. Cortese, for appellant.

Sydney Reuben, Assistant Attorney General, with him Anne X. Alpern, Attorney General, for Unemployment Compensation Board of Review, for appellee.

Before Rhodes, P.j., Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ.

Author: Montgomery

[ 195 Pa. Super. Page 57]

OPINION BY MONTGOMERY, J.

This is an appeal from a decision of the Unemployment Compensation Board of Review denying benefits to claimant for the reason that he voluntarily terminated his employment without cause of a necessitous and compelling nature.

[ 195 Pa. Super. Page 58]

Claimant was last employed as a syrup mixer by Day's Beverages, Philadelphia. His last day of work was May 6, 1960. He had worked for this employer for 14 years and his final rate of pay was $2.20 per hour.

At the hearing claimant stated that he left his employment because he was dissatisfied with the system the employer used to keep his time and he was made to work ten to twelve hours a day, six days a week, during certain rush seasons, for which he was paid only straight time.

It is the function of the Board of Review to pass upon the credibility of witnesses and the weight of their testimony and to draw reasonable inferences therefrom in their determination of the facts. Ristis Unemployment Compensation Case, 178 Pa. Superior Ct. 400, 116 A.2d 271; Stillman Unemployment Compensation Case, 161 Pa. Superior Ct. 569, 56 A.2d 380.

Those facts, which the board determines after considering all the evidence, are binding upon this Court. Davis Unemployment Compensation Case, 187 Pa. Superior Ct. 116, 144 A.2d 452.

Here the Board found as a fact that the claimant was dissatisfied because he was not paid time and a half for hours worked in excess of 40 hours a week and that as a result he voluntarily terminated his employment. The Unemployment Compensation Law, § 402(b)(1), 43 PS § 802(b)(1), provides, inter alia: "An employe shall be ineligible for compensation for any week - ... (b)(1) In which his ...


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