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HAYDEN MCGUIRE v. UNEMPLOYMENT COMPENSATION BOARD REVIEW COMMONWEALTH PENNSYLVANIA (07/21/76)

decided: July 21, 1976.

HAYDEN MCGUIRE, 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 Hayden McGuire, No. B-127348.

COUNSEL

James M. Gdula, for appellant.

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

President Judge Bowman and Judges Mencer and Rogers, sitting as a panel of three. Opinion by Judge Rogers.

Author: Rogers

[ 25 Pa. Commw. Page 589]

This is an appeal by Hayden McGuire (claimant) from an order of the Unemployment Compensation Board of Review affirming a referee's decision denying unemployment compensation benefits to claimant for having voluntarily quit work without cause of a necessitous and compelling nature.*fn1

[ 25 Pa. Commw. Page 590]

Claimant was employed as a truck driver by Edward Bero Trucking, Inc. (Bero) from 1972 until November 7, 1974, when he was laid off. At the time of the layoff claimant was earning about $200-$250 a week and thereafter he began receiving unemployment compensation benefits.*fn2 On April 22, 1975, claimant was recalled by Bero and informed that the company was no longer operating under a union contract and that claimant would be paid on a percentage basis of the amount of coal he hauled. Claimant began to work, making runs which required him to travel 100 miles and which took six hours to complete. The claimant worked four days, the remuneration for which, according to a finding by the referee, was as follows:

April 22 $21.78 for a half-day's work

April 23 $43.20 for a full day*fn3

April 24 $24.66 for a half day

May 1 $25.30 for a half day

On May 3, 1975, claimant informed Bero that he was terminating his employment. The Bureau of Employment Security determined that claimant left work with good cause and therefore remained eligible for unemployment compensation. The referee, after conducting a hearing, found that the claimant had voluntarily terminated his employment without cause of a necessitous and compelling nature and reversed ...


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