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JOHN V. GEORGE v. COMMONWEALTH PENNSYLVANIA (07/22/82)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: July 22, 1982.

JOHN V. GEORGE, 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 John V. George, No. B-193238.

COUNSEL

Susan L. Strong, for petitioner.

Charles G. Hasson, Associate Counsel, with him Richard L. Cole, Jr., Chief Counsel, for respondent.

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

Author: Macphail

[ 67 Pa. Commw. Page 588]

John V. George (Claimant) has appealed to this Court from a decision of the Unemployment Compensation Board of Review (Board) affirming a referee's denial of benefits on the basis of Claimant's voluntary termination of employment "without cause of a necessitous and compelling nature."*fn1

Claimant was last employed as a salesman for Ralston Paper & Packaging Company (Employer).

[ 67 Pa. Commw. Page 589]

Claimant and Employer had entered into a one year contract of employment on January 28, 1980 which provided for payment to Claimant of $20,000 plus $200 per month for automobile expenses. On July 10, 1980, after a meeting between Claimant and Employer's corporate president, Claimant's salary was reduced approximately in half due to low sales. Claimant resigned on November 14, 1980.

Claimant argues that this drastic change in remuneration was "cause of a necessitous and compelling nature" justifying his resignation. However, as this Court has recently held, change in remuneration cannot be asserted as a valid cause for quitting so long as the Board's finding that "claimant accepted the reduction in salary"*fn2 is supported by substantial evidence. Romao v. Unemployment Compensation Board of Review, 66 Pa. Commonwealth Ct. 212, 443 A.2d 1217 (1982).

We have examined the testimony presented in this case and we conclude that substantial evidence does exist to support the Board's finding. While it is true that Claimant testified that he had not agreed to a reduction and there exists in the record a letter from Claimant's counsel to the Employer dated August 1, 1980, demanding that Employer abide by the original agreement, there also exists testimony in the record from the Employer's president asserting that Claimant did agree to new terms and a letter from Employer's counsel to Claimant's counsel on August 4, 1980, stating that Claimant had agreed to a reduction. Since the Board's finding of acceptance by Claimant is clearly the result of its resolution of this conflict in the testimony in the Employer's favor rather than any capricious disregard of competent evidence, we are

[ 67 Pa. Commw. Page 590]

    bound thereby. Miller v. Unemployment Compensation Board of Review, 56 Pa. Commonwealth Ct. 257, 424 A.2d 609 (1981).

We affirm.*fn3

Order

The order of the Unemployment Compensation Board of Review, Decision No. B-193238, dated March 13, 1981, is hereby affirmed.

Disposition

Affirmed.


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