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ROBERT C. ZYSK v. COMMONWEALTH PENNSYLVANIA (03/22/74)

decided: March 22, 1974.

ROBERT C. ZYSK, APPELLANT,
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, APPELLEE



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Robert C. Zysk, No. B-118600.

COUNSEL

Charles A. Bierbach, for appellant.

Sydney Reuben, Assistant Attorney General, with him Israel Packel, Attorney General, for appellee.

Judges Crumlish, Jr., Kramer and Rogers, sitting as a panel of three. Opinion by Judge Rogers.

Author: Rogers

[ 12 Pa. Commw. Page 410]

Robert C. Zysk was separated from his employment as a clerk for the Naval Supply Depot at Mechanicsburg, Pennsylvania, and was thereafter eligible to receive unemployment compensation benefits. While in this status, the Employment Service of the Bureau of Employment Security referred Mr. Zysk to Central Storage Transfer Company for a position as shipping clerk at a salary more than $30 per week in excess of the salary he had been receiving in his former employment. Mr. Zysk refused this referral on the ground that he had no transportation to the suggested place of employment. He did not visit the new employer and the record discloses no attempt on his part to ascertain whether arrangements could be made for travel between his then residence in Mechanicsburg and Central Storage in Harrisburg.

The Bureau of Employment Security proved that there was public transportation by bus from Mechanicsburg to downtown Harrisburg and from the latter place to a point within two miles of Central Storage on a regular basis, and to a closer place during the summer. Further, at the time of the first hearing before the referee of the Unemployment Compensation Board of Review Mr. Zysk was living in Harrisburg, from which he later returned to Mechanicsburg.

The Bureau determined that Mr. Zysk's actions with reference to the referral rendered him ineligible for compensation under Section 402(a) of the Unemployment Compensation Law, Act of December 5, 1936, P.L. [1937] 2897, 43 P.S. § 802(a), which is as follows:

"An employe shall be ineligible for compensation for any week --

"(a) In which his unemployment is due to failure, without good cause, either to apply for suitable work at such time and in such manner as the department may prescribe, or to accept suitable work when offered to

[ 12 Pa. Commw. Page 411]

    him by the employment office or by any employer, irrespective of whether or not such work is in 'employment' as defined in this act: Provided, That such employer notifies the employment office of such offer within three (3) days after the making thereof."

The hearing referee agreed with the Bureau as to the Section 402(a) issue and additionally Mr. Zysk's conception of where he should be asked to accept employment rendered him unavailable for suitable work, availability being a prerequisite to eligibility by Section 401(d) of the Law, 43 P.S. § 801(d). In view of our ...


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