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RICHARD V. SNOW v. COMMONWEALTH PENNSYLVANIA (08/20/81)

decided: August 20, 1981.

RICHARD V. SNOW, 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 Richard V. Snow, No. B-165716.

COUNSEL

Mark S. Sedley, with him, Alan E. Cech, for petitioner.

William J. Kennedy, Assistant Attorney General, with him, James K. Bradley, Assistant Attorney General, Richard Wagner, Chief Counsel, and Harvey Bartle, III, Attorney General, for respondent.

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

Author: Williams

[ 61 Pa. Commw. Page 398]

This is an appeal by claimant, Richard V. Snow, from an order of the Unemployment Compensation Board of Review (Board) which affirmed a referee's decision denying claimant unemployment compensation benefits by mandate of Section 402(b)(1) of the Unemployment Compensation Law (Act).*fn1

Claimant, Snow, was last employed by R. W. Sidley in Painesville, Ohio, as a mechanic. When claimant accepted the job in Ohio, he and his family resided in Butler, Pennsylvania. There is a distance of approximately one hundred miles between Painesville and claimant's home in Pennsylvania. Due to the great distance and the costs of commuting, claimant made arrangements to live with his uncle in Ohio until such time as he could have his family join him there. Shortly after claimant moved in with his uncle, irreconcilable disputes arose, necessitating claimant's leaving his uncle's home and renting his own living quarters.

As a consequence of claimant's moving to his own apartment, he was forced to maintain two residences until his wife and family moved to Ohio. When claimant's wife refused to relocate herself and their family in Ohio, claimant voluntarily terminated his employment. Claimant stated that discussions between him and his wife concerning their family's relocation had led to heated disagreements, causing a great deal of friction in his marriage. In addition,

[ 61 Pa. Commw. Page 399]

    he felt that it was impossible for him to maintain two homes on his salary and impractical for him to commute daily from Butler, Pennsylvania. Claimant quit his job on September 8, 1978, after working for only one month.

Claimant filed an application for unemployment benefits with the Office of Employment Security (Office). The Office issued a determination denying benefits to claimant under Section 402(b)(1) of the Act. The claimant appealed that determination and a referee's hearing was held at which claimant appeared unrepresented. Following the hearing the referee issued a decision affirming that of the Office. The claimant filed a timely appeal from that decision to the Board. The Board, deciding that claimant had voluntarily terminated his employment without cause of a necessitous and compelling nature, affirmed the referee's decision. The Board held that, "Voluntarily terminating one's employment because the claimant's family refuses to relocate with him does not constitute cause of a necessitous and compelling nature for so doing."

Upon obtaining legal counsel, claimant filed a Request for Remand and Reconsideration. Such Request was not timely filed and thus, not ...


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