Appeal by employer, from decision of Unemployment Compensation Board of Review, No. B-102427, in re claim of Sebastian J. Stanakenas.
N. Brian Caverly, with him Bedford, Waller, Griffith, Darling & Mitchell, for appellant.
Sydney Reuben, Assistant Attorney General, with him William C. Sennett, Attorney General, for Unemployment Compensation Board of Review, appellee.
Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Opinion by Watkins, J. Montgomery and Jacobs, JJ., dissent.
[ 215 Pa. Super. Page 354]
This is an appeal in an unemployment compensation case by the appellant-employer, Wilkes-Barre Transit Corporation, from the decision of the Unemployment Compensation Board of Review awarding benefits to the claimant-appellee, Sebastian J. Stanakenas, on the grounds that he had good cause for refusing an offer to return to the position as school bus driver under the provisions of Section 4(t) of the Unemployment Compensation Law, 43 P.S. 753(t) and Section 402(a) of the Unemployment Compensation Law, 43 P.S. 802(a).
The claimant, age 55, had been employed by the appellant as a school bus driver at the hourly rate of $2.54 from September, 1957, to June, 1968, when the school term ended and he was laid off.
On September 6, 1968, the claimant was offered a job as a school bus driver at the same pay as the prior term and performing the same duties of transporting
[ 215 Pa. Super. Page 355]
students to and from Wyoming Valley West School District.
The claimant refused to accept the offer due to the fact that his driving had been hindered and interfered with by unruly students throwing apples, pencils, snowballs, and sundry articles at him and directing vile language at him so that he was apprehensive for the safety of the children on the bus and his own safety.
The Bureau refused benefits; the referee and the Unemployment Compensation Board of Review awarded ...