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ANNA MARIE WILLET v. COMMONWEALTH PENNSYLVANIA (06/05/81)

decided: June 5, 1981.

ANNA MARIE WILLET, 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 Anna Marie Willett, No. B-181069.

COUNSEL

Richard E. Myers, Bertani and Meyers, for petitioner.

Karen Durkin, Assistant Attorney General, with her Steven R. Marcuse, Assistant Attorney General, Richard Wagner, Chief Counsel, and Harvey Bartle, III, Attorney General, for respondent.

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

Author: Rogers

[ 59 Pa. Commw. Page 501]

Anna Marie Willett has appealed from an order of the Unemployment Compensation Board of Review (Board) affirming the decision of a referee denying Ms. Willett unemployment compensation benefits on the ground that she voluntarily left work without cause of a necessitous and compelling nature. 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 following facts of this case, as found by the referee and affirmed by the Board, are not in dispute.

1. The claimant was employed by the Department of Emergency 911 for 13 months as a dispatcher at a wage of $4.33 per hour. Her last day of work was 10-12-79.

2. The claimant experienced difficulties in getting along with the chief dispatcher, who was at times her immediate supervisor. The chief dispatcher, sometimes spoke to the claimant in a derrogatory [sic] manner and on one occasion called her a profane name.

[ 59 Pa. Commw. Page 5023]

. In July 1979, the claimant reported the chief dispatcher to his superior and the chief dispatcher was subsequently called before the personnel director.

4. Subsequent to July 1979, another supervisor of the claimant's wrote the claimant up for about 20 to ...


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