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LUCILLE BECOTE v. COMMONWEALTH PENNSYLVANIA (05/05/75)

decided: May 5, 1975.

LUCILLE BECOTE, 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 Lucille Becote, No. B-118257.

COUNSEL

Louis S. Rulli, with him Philip H. Rush, for appellant.

Charles G. Hasson, Assistant Attorney General, with him Sydney Reuben, Assistant Attorney General, and Robert P. Kane, Attorney General, for appellee.

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

Author: Blatt

[ 18 Pa. Commw. Page 640]

Lucille Becote, the claimant, was denied benefits under the Unemployment Compensation Law*fn1 for having voluntarily left her employment without cause of a compelling and necessitous nature. Section 402(b)(1) of the Unemployment Compensation Law, 43 P.S. ยง 802(b)(1).

The referee assigned to hear evidence on the claimant's application for benefits found as follows:

"1. Claimant was last employed by P. H. Berman & Son, Inc., Howard & Palmer Sts., Philadelphia, Pa. 19122 for 28 years as a rag cutter at $2.00 an hour, and her last day of work was May 24, 1972.

"2. In 1970 A & B Wiper Supply, 116 Fountain St., Philadelphia, Pa. 19127 purchased P. H. Berman

[ 18 Pa. Commw. Page 641]

& Son Inc., but continued to operate under the name of P. H. Berman & Son, Inc. at Howard & Palmer Streets.

"3. On May 24, 1972 a meeting was held with the employees of P. H. Berman & Son, Inc. and they were advised that the company was being closed but they were to contact their union to obtain their assignments at the employer's location at 116 Fountain Street.

"4. Claimant attended the meeting when the above instructions were given, but she failed to contact the union or the employer ...


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