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NANCY E. DINGES v. UNEMPLOYMENT COMPENSATION BOARD REVIEW COMMONWEALTH PENNSYLVANIA. NANCY E. DINGES (01/24/77)

decided: January 24, 1977.

NANCY E. DINGES
v.
UNEMPLOYMENT COMPENSATION BOARD OF REVIEW OF THE COMMONWEALTH OF PENNSYLVANIA. NANCY E. DINGES, APPELLANT



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Nancy Dinges, No. B-127675-B.

COUNSEL

Louise A. Howells, for appellant.

Sandra S. Christianson, Assistant Attorney General, with her Sydney Reuben, Assistant Attorney General, and Robert P. Kane, Attorney General, for appellee.

Judges Crumlish, Jr., Kramer and Mencer, sitting as a panel of three. Opinion by Judge Kramer.

Author: Kramer

[ 28 Pa. Commw. Page 307]

This is an appeal by Nancy E. Dinges (appellant) from an order of the Unemployment Compensation Board of Review (Board), dated September 10, 1975, which was reinstated, after further hearings, on May 6, 1976. The Board reversed in part the decision of a referee and held that the appellant was ineligible for all benefits because she voluntarily terminated her employment due to "marital, filial, or other domestic obligations" within the purview of 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. § 802(b)(2).

The appellant last worked as a punch press operator for the Ervite Corporation, Erie, Pennsylvania,

[ 28 Pa. Commw. Page 308]

    her last day of employment being January 10, 1975. Approximately three days prior to that date, the appellant was informed that her shift, the third, was to be eliminated. Due to her seniority, she was not laid off but was given the choice of working on the first or second shift. The record shows that her duties and her pay, allowing for a minor shift differential, would be the same. Initially, appellant Dinges indicated that she would work the second shift. Shortly thereafter, however, she requested a temporary leave of absence for the purpose of making some arrangements for the care of her children which would permit her to work the second shift. After being advised that such a leave of absence was not available, the appellant left her employment following the end of the last third shift.

Section 402(b)(2) provides, in pertinent part, as follows:

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 marital, filial or other domestic obligation or circumstance. . . .

This provision has been consistently construed to negate, as grounds for "necessitous and compelling" cause under Section 402(b)(1), 43 P.S. § 802(b)(1), a voluntary termination attributable to the necessity of caring for small children or ill family members. Unemployment Compensation Board of Review v. Brown, 25 Pa. Commonwealth Ct. 237, 360 A.2d 813 (1976) (children); Unemployment Compensation Board of Review v. Barnett, 22 Pa. Commonwealth Ct. 144, 348 A.2d 434 (1975) ...


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