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JAMELLE KING v. COMMONWEALTH PENNSYLVANIA (05/15/80)

decided: May 15, 1980.

JAMELLE KING, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Jamelle King, No. B-138027-F.

COUNSEL

David A. Scholl, for petitioner.

William J. Kennedy, with him David R. Confer, Assistant Attorneys General, Richard Wagner, Chief Counsel, and Edward G. Biester, Jr., Attorney General, for respondent.

Judges Crumlish, Jr., Wilkinson, Jr. and Mencer, sitting as a panel of three. Opinion by Judge Crumlish, Jr. President Judge Bowman did not participate in the decision in this case. Dissenting Opinion by Judge Mencer.

Author: Crumlish

[ 51 Pa. Commw. Page 397]

This is an appeal from the Unemployment Compensation Board of Review's denial of unemployment

[ 51 Pa. Commw. Page 398]

    benefits pursuant to Section 402(e) of the Unemployment Compensation Law.*fn1 We reverse.

Jamelle King was last employed as a Library Assistant I by the Free Library of Philadelphia. On or about March 3, 1976, she was informed of an impending transfer, effective March 29, 1976, from the South Philadelphia Children's Library at Broad and Ritner Streets to the South Philadelphia Library Branch at Broad and Morris Streets. King was employed at the Children's Library to work Monday and Wednesday from 9:45 A.M. to 6:00 P.M. and Tuesday, Thursday and Friday from 8:45 A.M. to 5:00 P.M. The transfer would reschedule her working hours to Monday and Wednesday from 11:45 A.M. to 8:00 P.M.; Tuesday, Thursday and Friday from 8:45 A.M. to 5:00 P.M.; and Saturday from 9:00 A.M. to 5:00 P.M. Separated from her husband since February of 1976, and the mother of two children, aged eighteen months and three years, the transfer required King to find child-care services on the nights she would be forced to work late. After exhausting child-care sources within her means, King did not report on March 29th to the new assignment, and was suspended for one week without pay. Still without reliable child care, she failed to report again on April 5, 1976, and was suspended an additional two weeks. King was permanently dismissed on April 19, 1976 for abandoning her position.

The Unemployment Compensation Board of Review denied benefits and affirmed the referee's determination

[ 51 Pa. Commw. Page 399]

    that the repeated failure to report for work was in violation of her employment responsibilities and Section ...


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