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WOMELDORF v. COMMONWEALTH PENNSYLVANIA (06/11/81)

decided: June 11, 1981.

WOMELDORF, INC., PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. JAMES F. O'CONNOR, INTERVENOR



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of James F. O'Connor, No. B-182276.

COUNSEL

Estelle F. Comay, with her Bernard D. Marcus and Jeffrey L. Lewin, Titus, Marcus & Shapira, for petitioner.

No appearance for respondent.

Ernest B. Orsatti, Jubelirer, Pass & Intriere, P.C., for intervenor.

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

Author: Craig

[ 59 Pa. Commw. Page 628]

Womeldorf, Inc. appeals from a decision of the Unemployment Compensation Board of Review affirming the referee's award of benefits to James F. O'Connor on the ground that he had voluntarily terminated his employment for good cause under Section 402(b)(1) of the Unemployment Compensation Law,*fn1 43 P.S. ยง 802(b)(1).

Claimant, a truck driver, last worked for Womeldorf on September 7, 1979. On September 5, 1979, Womeldorf had sent all of its Pittsburgh terminal employees a letter informing them that the Pittsburgh terminal would be closed as of September 9, 1979, but that continuing work would be available "at our Du-Jeff Terminal as of Sunday, September 9, 1979"; the letter requested that employees not desiring reassignment reply by an enclosed form letter stating

I have received your letter of September 5, 1979 which outlines an offer of a job assignment at your Du-Jeff Terminal commencing Sunday, September 9, 1979.

[ 59 Pa. Commw. Page 629]

I do not desire to accept the assignment and wish to be placed on lay-off status.

     which claimant signed and returned.

On September 7, 1979, Womeldorf sent claimant the following letter:

Re : VOLUNTARY QUIT -- SEPTEMBER 7, 1979

Dear Jim:

On Friday, September 7, 1979 you were issued a work assignment to deadhead to our DuJeff Terminal, pick-up trailer number 523 which delivered at Charley Brothers, Greensburg, Pennsylvania at 7:00 A.M., Saturday, ...


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