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UNEMPLOYMENT COMPENSATION BOARD REVIEW COMMONWEALTH PENNSYLVANIA v. JOSEPHINE E. BROWN (06/21/76)

decided: June 21, 1976.

UNEMPLOYMENT COMPENSATION BOARD OF REVIEW OF THE COMMONWEALTH OF PENNSYLVANIA
v.
JOSEPHINE E. BROWN, APPELLANT



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Josephine E. Brown, No. B-127240.

COUNSEL

Michael D. Foglia, for appellant.

Sandra S. Christianson, Assistant Attorney General, with her Daniel R. Schuckers, 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 Wilkinson. Judge Kramer did not participate in the decision in this case.

Author: Wilkinson

[ 25 Pa. Commw. Page 238]

Appellant was employed for approximately five years, until December 20, 1974, as a telephone solicitor. During her employment, appellant worked the day shift, from 9:00 a.m. until 3:00 p.m.

At the time of her separation, appellant was informed by her superiors that night work, on the 4:00 p.m. to 8:00 p.m. shift, was available but not mandatory. After rejecting the night shift due to domestic responsibilities as the mother of two school age children, appellant's supervisors told her she would be laid off until more work was available and advised her to apply for unemployment compensation benefits.

On December 29, 1974, appellant applied for benefits. After a denial by the Bureau of Employment Security, appeal was taken to a referee who, after holding a hearing on February 13, 1975, also denied benefits. The Unemployment Compensation Board of Review (Board), on request of appellant, remanded for additional testimony. A remand hearing was held on May 14, 1975, and thereafter the Board affirmed the referee's denial. The decision of the Board is now appealed to this Court.

[ 25 Pa. Commw. Page 239]

Section 402(b)(2) of the Unemployment Compensation Law, Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. ยง 802(b)(2), provides, in part:

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

". . . .

"(b)(2) In which his or her unemployment is due to leaving work . . . because of a marital, filial or other domestic ...


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