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UNEMPLOYMENT COMPENSATION BOARD REVIEW COMMONWEALTH PENNSYLVANIA v. GALEN E. DELKER (03/23/76)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: March 23, 1976.

UNEMPLOYMENT COMPENSATION BOARD OF REVIEW OF THE COMMONWEALTH OF PENNSYLVANIA
v.
GALEN E. DELKER, APPELLANT

Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Galen E. Delker, No. B-126125.

COUNSEL

Ambrose R. Campana, with him Campana & Campana, 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 Mencer, sitting as a panel of three. Opinion by Judge Crumlish, Jr.

Author: Crumlish

[ 24 Pa. Commw. Page 149]

Galen E. Delker (Claimant) appeals a decision and order of the Unemployment Compensation Board of Review (Board) which affirmed a referee's denial of unemployment compensation benefits pursuant to Section 402(b)(1) of the Unemployment Compensation Law.*fn1 We affirm.

Claimant was last employed as a salary-plus-commission salesman for Stroehmann Brothers Company. He had worked nine and one-half years for this company when he was arrested for possession and sale of amphetimines. Following the arrest, he was given the opportunity to resign his position or face possible termination. He chose the former. Claimant now contends that the decision of the Board is not supported by the record which he argues discloses that he was forced to resign or in the alternative be immediately discharged. We do not agree. The record clearly discloses that Claimant testified he "had a choice" and "voluntarily signed a release." Moreover, the employer testified that Claimant was in "[n]o way" coerced.*fn2

[ 24 Pa. Commw. Page 150]

As is the case here, findings and decisions of the Board supported by substantial evidence must be affirmed on appeal in the absence of an error of law or a showing of fraud. Thomas v. Unemployment Compensation Board of Page 150} Review, 14 Pa. Commonwealth Ct. 398, 322 A.2d 398 (1974).

Therefore, we

Order

And Now, this 23rd day of March, 1976, the decision and order of the Unemployment Compensation Board of Review is affirmed and the appeal dismissed.

Disposition

Affirmed.


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