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ALICE M. MURPHY v. UNEMPLOYMENT COMPENSATION BOARD REVIEW COMMONWEALTH PENNSYLVANIA (05/13/76)

decided: May 13, 1976.

ALICE M. MURPHY, APPELLANT
v.
UNEMPLOYMENT COMPENSATION BOARD OF REVIEW OF THE COMMONWEALTH OF PENNSYLVANIA, APPELLEE



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Alice M. Murphy, No. B-118930-B.

COUNSEL

S. Jay Sklar, for appellant.

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

Judges Kramer, Wilkinson, Jr., and Blatt, sitting as a panel of three. Opinion by Judge Wilkinson. Judge Kramer did not participate in the decision in this case.

Author: Wilkinson

[ 24 Pa. Commw. Page 467]

In this appeal from a denial of unemployment compensation benefits by the Unemployment Compensation Board of Review, the appellant was last employed as a secretary by the Franklin Institute of Philadelphia at a weekly salary of $120.00. This employment was terminated on July 14, 1972. Appellant applied for unemployment compensation benefits on July 25, 1972. She was determined to be eligible and received benefits.

[ 24 Pa. Commw. Page 468]

Appellant was referred to the Philadelphia Museum of Art for a job interview to take place on January 30, 1973. Appellant accepted the referral and kept the appointment. As part of the interview process, appellant completed an application form on which she indicated she required a salary of $135.00 a week. After completing the application, she had a personal interview. To this point everyone is in agreement on the facts.

It is unmistakably clear that during the interview, what can fairly be characterized as a "bargaining session" took place as to the salary to be paid if the appellant were hired. Appellant started at $135.00 a week as indicated on the application form. The prospective employer countered with the fact that although $110.00 was the amount in the budget, nevertheless he would go to $115.00 but no higher. Appellant replied that she would accept $125.00 but would not go lower. The bargaining process ended at that point without agreement.

On February 13, 1973, the Bureau of Employment Security denied benefits to appellant under the provisions of Section 402(a) of the Unemployment Compensation Law, Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. ยง 802(a):

"An employee shall be ineligible for compensation for any week

" (a) In which his unemployment is due to failure, without good cause, . . . to accept suitable work when offered to him. . . ."

On appeal, the referee affirmed the Bureau and on further appeal, the denial was affirmed by the Board of Review. Subsequently, appellant petitioned the Board of Review for and was granted a vacation of its prior order, and the matter was referred back to the referee, sitting as a hearing officer for the Board of Review, for further hearings. After further ...


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