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NATIONAL ALUMINUM CORPORATION v. COMMONWEALTH PENNSYLVANIA (06/01/81)

decided: June 1, 1981.

NATIONAL ALUMINUM CORPORATION, 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 Jean D. Stryker, No. B-179945.

COUNSEL

Joseph Mack, III, Thorp, Reed & Armstrong, for petitioner.

Charles Hasson, Assistant Attorney General, with him Stephen B. Lipson, Assistant Attorney General, Richard Wagner, Chief Counsel, and LeRoy Zimmerman, Attorney General, for respondent.

Jean D. Stryker, intervenor, for herself.

Judges Mencer, Williams, Jr. and Craig, sitting as a panel of three. Opinion by Judge Craig.

Author: Craig

[ 59 Pa. Commw. Page 360]

In this unemployment compensation appeal, the employer*fn1 questions an award of compensation by the board,*fn2 affirming a referee's decision allowing compensation to the claimant on the ground that she had

[ 59 Pa. Commw. Page 361]

    cause of a necessitous and compelling nature for leaving her employment.*fn3

Claimant, an experienced secretary with advanced secretarial schooling, applied for a job advertised as "Production Secretary" and received the position in May, 1978 after successful completion of typing and shorthand tests.

Claimant performed secretarial tasks for a year, but those duties were gradually replaced by clerical functions.*fn4 Unhappy with what she saw as a threat to her stenographic skills, claimant requested a transfer in July of 1979 to a facility where she could resume wholly secretarial responsibilities; the transfer was denied. When the accounting manager notified her in October of 1979 that additional clerical accounting duties were to be assigned to her, claimant refused to perform the task, stating that it was not part of her job. Claimant resigned from her job after her supervisor continued to insist that she take on the work.

We are bound on review by the referee's findings of fact, there being ample evidence in the record to support them. Martin v. Unemployment Compensation Board of Review, 36 Pa. Commonwealth Ct. 304, 387 A.2d 998 (1978). Our inquiry is thus limited to a determination of whether, as a matter of law, claimant's fear of losing her considerable stenographic skills as the result of the changing nature of her job was cause of a necessitous and compelling ...


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