Appeal, No. 5, Feb. T., 1962, by claimant, from decision of Unemployment Compensation Board of Review, No. B-57617, in re claim of Josephine Palmitessa. Decision vacated and record remitted.
Ralph P. Carey, for appellant.
Sydney Reuben, Assistant Attorney General, with him David Stahl, Attorney General, for Unemployment Compensation Board of Review, appellee.
Before Rhodes, P.j., Ervin Wright, Watkins, Montgomery, and Flood, JJ. (woodside, J., absent).
[ 197 Pa. Super. Page 619]
Claimant appeals from a decision of the Unemployment Compensation Board of Review denying compensation under § 402(b)(1) of the Unemployment Compensation Law, 43 PS § 802, on the ground that she voluntarily left work without cause of a necessitous and compelling nature.
Although the claimant had a valid separation from her last employment, she did not earn eight times her weekly benefit rate in that employment. Consequently, her eligibility must be determined on the basis of her previous employment with Ann Lee Frocks of Pittston, Pennsylvania. With respect to that employment the board made only the following finding: "On January 8, 1960, the claimant terminated her employment with Ann Lee Frocks because she was dissatisfied with the working conditions."
[ 197 Pa. Super. Page 620]
There is no finding of the underlying facts by the board from which we can determine whether or not the claimant acted "with good faith" and in accordance with "standards of ordinary common sense and prudence" in leaving her job. Kaylock Unemployment Compensation Casc, 165 Pa. Superior Ct. 376, 378, 67 A.2d 801, 802 (1949).
The real issue in this case is whether the claimant's working conditions at Ann Lee Frocks were sufficiently abnormal and detrimental to constitute cause of a compelling and necessitous nature for leaving work. See Pomorski Unemployment Compensation Case, 189 Pa. Superior Ct. 257, 150 A.2d 145 (1959).
The claimant's uncontradicted testimony, corroborated in part by a disinterested witness, would support findings, among other things, that in her employment as forelady by Ann Lee Frocks the claimant was compelled to work from 7:00 A.M. until 6:30 or 7:00 P.M. almost every day without any additional compensation, that her employer, over the claimant's objections, condoned the use of vulgar language toward her by other employes and failed on request to correct the conditions which compelled her to work unusually long hours, that these working conditions caused the claimant to become very tired, nervous and irritable, and that it would have been detrimental to her health and well-being for the claimant to continue in her employment with Ann Lee Frocks.
In view of this uncontradicted evidence, the board's statement in its decision that "[there] is nothing in the record to indicate that the working conditions at Ann Lee Frocks were unreasonable or detrimental to the claimant's health and well-being" is not justified. There was uncontradicted, corroborated evidence of such conditions. Its ...