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MELDER UNEMPLOYMENT COMPENSATION CASE. (12/14/61)

December 14, 1961

MELDER UNEMPLOYMENT COMPENSATION CASE.


Appeal, No. 267, April T., 1961, by claimant, from decision of Unemployment Compensation Board of Review, No. B-64327, in re claim of Joanne D. Melder. Decision affirmed.

COUNSEL

Joanne D Melder, appellant, in propria persona.

Sydney Reuben, Assistant Attorney General, with him David Stahl, Attorney General, for Unemployment Compensation Board of Review, appellee.

Before Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ. (rhodes, P.j., absent).

Author: Ervin

[ 196 Pa. Super. Page 609]

OPINION BY ERVIN, J.

In this unemployment compensation case the bureau concluded that the appellant had refused a referral to suitable work without good cause and therefore was disqualified from receiving benefits under § 402(a) of the Law, 43 PS § 802(a). The referee reversed the

[ 196 Pa. Super. Page 610]

    bureau and held that the proffered referral was not to "suitable work." The board reversed the referee and held that the appellant had refused a referral to suitable work without good cause and that she was therefore disqualified from receiving benefits.

The appellant was last employed as a secretary at a monthly wage rate of $410.00 by Armco Steel Corporation, Pittsburgh, Pennsylvania, for five years until July 31, 1959, her last day of work. On November 28, 1960, almost sixteen months after her last day of work, she was offered a referral by the employment service to a job opening with State Correctional Institute, Pittsburgh, as a stenographer at a weekly rate of $53.50 or $230.00 a month. She refused to accept this referral because the wage offer was too low and because she felt the job was not commensurate with her qualifications.

In Haug Unemployment Compensation Case, 162 Pa. Superior Ct. 1, 3, 56 A.2d 396, the claimant was offered a position at 55 cents an hour whereas she previously had an hourly wage of 90 cents. She had been unemployed for ten months when the referral offer was made. In speaking for this Court President Judge RHODES said: "We have recognized that, where an employee is referred to a position which pays a wage materially lower than the wage last earned, the employee may be justified in refusing such a referral while seeking employment at a rate of pay more commensurate with his previously demonstrated earning capacity. The right to decline work for this reason is not, however, without qualification; the employee is entitled only to a reasonable opportunity to obtain work at a satisfactory wage rate."

In Pompa Unemployment Compensation Case, 179 Pa. Superior Ct. 443, 115 A.2d 772, the claimant refused an offer of 75 cents per hour when her previous wage was $1.05 ...


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