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JANET S. GILMAN v. UNEMPLOYMENT COMPENSATION BOARD REVIEW COMMONWEALTH PENNSYLVANIA (02/25/77)

decided: February 25, 1977.

JANET S. GILMAN, 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 Janet S. Gilman, No. B-128244.

COUNSEL

Thomas B. Schmidt, III, for appellant.

David Max Baer, Deputy Attorney General, with him J. Justin Blewitt, Jr., Deputy Attorney General, and Robert P. Kane, Attorney General, for appellee.

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

Author: Crumlish

[ 28 Pa. Commw. Page 631]

This appeal from the disallowance of unemployment compensation benefits attacks the validity, under

[ 28 Pa. Commw. Page 632]

    equal protection principles of the Federal Constitution and the Equal Rights Amendment to the Pennsylvania Constitution, of Section 402(b)(2) of the Unemployment Compensation Law (Law).*fn1 We hold that there is no constitutional infirmity in the statute.

Janet S. Gilman (Claimant) was employed by the Pennsylvania Department of Justice in Philadelphia until April 30, 1975, when, having given the Department thirty days' notice, she terminated her employment to accompany her husband who was transferred to Harrisburg. Unable to find employment in Harrisburg, she applied for unemployment compensation benefits. It is undisputed that during a substantial part of the six month period prior to leaving work or to filing a claim for benefits, Claimant was not the sole or major support of her family; and the Bureau of Employment Security (Bureau) disallowed her claim under the provisions of Section 402(b) which state, in pertinent part:

An employee shall be ineligible for compensation for any week --

(b)(1) In which his unemployment is due to voluntarily leaving work without cause of necessitous and compelling nature, irrespective of whether or not such work is in 'employment' as defined in this act. . . .

[ 28 Pa. Commw. Page 633]

(2) In which his or her unemployment is due to leaving work (I) to accompany or to join his or her spouse in a new locality, or (II) because of a marital, filial or other domestic obligation or circumstance, whether or not such work is in 'employment' as defined in this act: Provided, however, That the provisions of this Page 633} subsection (2) shall not be applicable if the employe during a substantial part of the six months either prior to such leaving or the time of filing either an application or claim for benefits was the sole or major support of his or ...


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