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UNEMPLOYMENT COMPENSATION BOARD REVIEW COMMONWEALTH PENNSYLVANIA v. DOROTHY P. BEYER (06/19/75)

decided: June 19, 1975.

UNEMPLOYMENT COMPENSATION BOARD OF REVIEW OF THE COMMONWEALTH OF PENNSYLVANIA,
v.
DOROTHY P. BEYER, APPELLANT



Appeal from the Order of the Unemployment Compensation Board of Review in case of Claim of: Dorothy P. Beyer, No. B-122890.

COUNSEL

James M. Shilliday, with him Douglas W. Reed, for appellant.

Daniel R. Schuckers, Assistant Attorney General, with him Sydney Reuben, Assistant Attorney General, and Robert P. Kane, Attorney General, for appellee.

Judges Crumlish, Jr., Wilkinson, Jr., and Blatt, sitting as a panel of three. Opinion by Judge Crumlish, Jr.

Author: Crumlish

[ 20 Pa. Commw. Page 18]

This is a direct administrative appeal from an order of the Unemployment Compensation Board of Review affirming a referee's determination that Appellant voluntarily terminated her employment without cause of a necessitous and compelling nature which rendered her ineligible for compensation under Section 402(b)(1) of the Unemployment Compensation Law, Act of December 5, 1936, Second Ex. Sess., P.L. (1937), as amended, 43 P.S. ยง 802(b)(1). The issues to be resolved here are whether the referee's findings of fact, which were in effect adopted by the Board, are sufficient to support the legal conclusion of a voluntary termination, and, if so, whether these findings are supported by substantial evidence.

Our review of the record reveals the following: Appellant, Dorothy R. Beyer, was last employed as a barmaid by the Glendale Fireman's Association, Inc. in Carnegie, Pennsylvania. Her last day of work at the club was

[ 20 Pa. Commw. Page 19]

June 7, 1974, a Friday. The next evening she returned to the club on her off hours for a drink. The bartender, or steward, apparently believed that she had had enough to drink, and refused her further service. Thereafter, a disagreement arose between Appellant and one of the trustees of the club which Appellant alleges resulted when the trustee asked her why she had the keys she used to open the club on her duty days on the bar. She testified that she told him that "if I wanted to put my keys on the bar I can." The trustee then picked up or was handed the keys and walked away. Appellant construed this action by the trustee as a discharge and did not return to work. This version of the events, however, was sharply contradicted by the trustee who appeared on behalf of the employer. The crux of his testimony is contained in the following passages:

"Q. Would you state for the record your reasons for taking her keys?

"A. I came in the club about 1 o'clock in the morning. Before I came in there was a discussion between Vince Saperito and the steward of the club who had shut her off from drinking . . .

"Q. Who is the steward?

"A. John Krupa. He felt she had enough to drink. As ...


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