Appeal from the Order of the Unemployment Compensation Board of Review in the case of In Re: Claim of Megan V. Pecci, No. B-175810.
Alan Williams, with him Thomas G. Mundhenk, Williams and Schildt, for petitioner.
Francine Ostrovsky, Assistant Attorney General, with her James K. Bradley, Assistant Attorney General, Richard Wagner, Chief Counsel, and Harvey Bartle, III, Acting Attorney General, for respondent.
Judges Wilkinson, Jr., Blatt and Williams, Jr., sitting as a panel of three. Opinion by Judge Blatt.
The petitioner*fn1 seeks review of an order of the Board*fn2 which found that she was ineligible for benefits under Section 402(b)(1) of the Unemployment Compensation Law,*fn3 because she voluntarily terminated her employment without cause of a necessitous and compelling nature.
The petitioner was employed as a child care aide. In October of 1978, her supervisor was injured in an automobile accident, was then absent for an extended period, and during her absence the petitioner appears to have handled both jobs for a month. At that time her employer hired a number of part-time employees to assist her. She argues, nevertheless, that she was performing functions which had originally been handled by her supervisor and that when her request for a raise in salary was denied, her submission of her resignation was justified and she was entitled to unemployment compensation. Benefits were denied, however, by the Office of Employment Security, whose decision was later affirmed by a referee and by the Board, all finding that she did not have compelling cause for resigning.
She argues now that either her employment status changed from supervised to unsupervised during her superior's absence and that such a change imposed additional duties which justified her resignation or, alternatively, that it constituted such an unreasonable alteration of her working conditions as to be good cause for her resignation.
The Board found that, after the first month of her supervisor's absence, the petitioner was not performing any duties for which she had not originally been hired. And a witness for the employer testified that, while the petitioner may have assumed additional duties immediately after her supervisor's automobile accident, within a month thereafter part-time help was hired at her request so that she then performed only those functions which had originally been assigned to her. We conclude that such testimony supports the Board's finding and precludes a determination that there was a capricious disregard of evidence.*fn4
As to any unreasonable change in the petitioner's working conditions,*fn5 an employer may make reasonable modifications in tasks which an employee is expected to perform, Tucker v. Unemployment Compensation Board of Review, supra n. 5, and in light of the fact that the petitioner's duties at the time of her resignation were no different than when she was ...