Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Daniel C. Potts, No. B-145079-C.
Franklin S. Van Antwerpen, with him Hemstreet and Van Antwerpen, for appellant.
William J. Kennedy, Assistant Attorney General, with him Richard Wagner, Assistant Attorney General, Chief Counsel, and Edward G. Biester, Jr., Attorney General, for appellee.
Judges Crumlish, Jr., Rogers and Craig, sitting as a panel of three. Opinion by Judge Rogers.
[ 46 Pa. Commw. Page 408]
This is the appeal of Daniel C. Potts from an order of the Unemployment Compensation Board of Review denying him benefits as a voluntary quit. Potts admits quitting but says that he did so for reasons of necessitous and compelling nature. See Section 402(b)(1) of the Unemployment Compensation Law, Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. § 802(b)(1). His asserted reasons were dissatisfaction with a reduction in wages and assertedly unsafe working conditions. The Unemployment Compensation Board of Review made the following pertinent findings:
1. The claimant was last employed by Penn American Products as a Shear Helper, at a final rate of $4.15 per hour and his last day of work was February 10, 1976.
[ 46 Pa. Commw. Page 4092]
. The claimant had worked for the employer for about seventeen months in various capacities.
3. Prior to his transfer on his last day of work the claimant's most recent assignment was as a Lead Man in the Refrigeration Department at a final rate of $4.40 per hour.
4. The claimant had previously worked in the sheet metal department for 3 or 4 days although in a different capacity.
5. The claimant was transferred out of the Refrigeration Department due to lack of quarters, his complaints about alleged safety violations and his ...