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THOMAS D. GROSSMAN v. COMMONWEALTH PENNSYLVANIA (07/02/80)

decided: July 2, 1980.

THOMAS D. GROSSMAN, 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 Thomas D. Grossman, No. B-170396.

COUNSEL

John J. Morgan, for petitioner.

Charles G. Hasson, Assistant Attorney General, with him Richard Wagner, Chief Counsel and Edward G. Biester, Jr., Attorney General for respondent.

Judges Wilkinson, Jr., Craig and MacPhail, sitting as a panel of three. Opinion by Judge MacPhail.

Author: Macphail

[ 52 Pa. Commw. Page 501]

Thomas D. Grossman (Claimant) appeals from an order of the Unemployment Compensation Board of Review (Board), which affirmed the referee's decision to deny Claimant benefits under Section 402(a) of the Unemployment Compensation Law (Act), Act of December 5, 1936, Second Ex. Sess., P.L. [1937] 2897, as amended, 43 P.S. ยง 802(a), which provides:

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

(a) In which his unemployment is due to failure, without good cause, either to apply for suitable work at such time and in such manner as the department may prescribe, or to accept suitable work when offered to him by the employment office or by any employer, irrespective of whether or not such work is in 'employment' as defined in this act . . .

From the testimony presented before the Board at a remand hearing, the Board made the following findings of fact:

1. Claimant was last employed by Joy Manufacturing Co. as a welder at $6.69 an hour from 8-14-75 to 10-9-78 at which time he was separated due to lack of work.

2. In a letter dated 10-25-78 the claimant was recalled to work by Joy Manufacturing to the position of snag and grind operator at $5.72 an hour plus incentive.

3. This recall to work was in accordance with Article 91 of the Labor Management Agreement in effect ...


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