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GREGORY WALKER v. COMMONWEALTH PENNSYLVANIA (02/04/81)

decided: February 4, 1981.

GREGORY WALKER, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. KEEBLER COMPANY, INTERVENOR



Appeal from the Order of the Unemployment Compensation Board of Review in the case of In Re: Claim of Gregory Walker, No. B-174584.

COUNSEL

Richard J. Conn, for petitioner.

Elsa D. Newman-Silverstine, Assistant Attorney General, for respondent.

John E. Krampf, with him William J. Flannery, Morgan, Lewis & Bockius, for intervenor.

Judges Rogers, Blatt and MacPhail, sitting as a panel of three. Opinion by Judge Blatt.

Author: Blatt

[ 56 Pa. Commw. Page 447]

The petitioner, Gregory Walker, seeks review of a decision of the Unemployment Compensation Board of Review denying benefits to him on the grounds that he voluntarily terminated his employment without necessitous and compelling cause and is, therefore, ineligible under 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. ยง 802(b)(1).

The petitioner was last employed by Keebler Company as an employment manager at a salary of $18,000 per year, and his last day of work was March 16, 1979. His application for unemployment benefits was denied by the Bureau (now Office) of Employment Security for having voluntarily left his employment without necessitous and compelling cause in that he resigned in order to find new employment. He appealed this decision, claiming that he had not resigned, but had been discharged, and, after a hearing, the referee affirmed the denial of benefits and made the following relevant findings of fact, which were later adopted by the Board:

2. Claimant was dissatisfied as he had not been granted a promotion to a position of

[ 56 Pa. Commw. Page 448]

    higher authority and decided to seek other employment.

3. In October, 1978, claimant informed his immediate superior of his intent to resign the beginning of January, 1979, to seek employment elsewhere.

4. Claimant's superior assisted claimant in his endeavor, and helped him prepare a resume and sent letters to approximately ...


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