Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

CLYDE A. JACK v. COMMONWEALTH PENNSYLVANIA (09/09/82)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: September 9, 1982.

CLYDE A. JACK, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT

Appeal from the Order of the Unemployment Compensation Board of Review in the case of In Re: Claim of Clyde A. Jack, No. B-186252.

COUNSEL

Paul J. Quattrone, for petitioner.

Francine Ostrovsky, Associate Counsel, with her Richard L. Cole, Jr., Chief Counsel, for respondent.

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

Author: Crumlish

[ 68 Pa. Commw. Page 625]

Clyde Jack appeals an Unemployment Compensation Board of Review order which affirmed the referee's denial of benefits.*fn1 We affirm.

Jack, a furniture designer and supervisor of the employer's mill room, voluntarily quit after becoming dissatisfied with working conditions and his employer's failure to promote a new product line he had designed.

Section 402(b)(1) of the Unemployment Compensation Law*fn2 provides that a claimant will be ineligible for benefits for any week "[i]n which his unemployment is due to voluntarily leaving work without cause of necessitous and compelling nature. . . ."

The claimant bears the burden of proving a cause of necessitous and compelling nature for his voluntary quit. Rinehart v. Unemployment Compensation Board of Review, 37 Pa. Commonwealth Ct. 15, 389 A.2d 243 (1978). Our scope of review, where the party with the burden of proof does not prevail below, is limited to determining whether the findings of fact

[ 68 Pa. Commw. Page 626]

    are consistent with each other and with the conclusions of law and whether they can be sustained without capricious disregard of competent evidence. Ruckstuhl v. Unemployment Compensation Board of Review, 57 Pa. Commonwealth Ct. 302, 426 A.2d 719 (1981).

At the outset, we note that mere dissatisfaction with one's working conditions is not compelling and necessitous cause to terminate one's employment. McKeown v. Unemployment Compensation Board of Review, 65 Pa. Commonwealth Ct. 617, 442 A.2d 1257 (1982).

Jack contends that his quit was for a necessitous and compelling reason because the employer failed to honor an oral agreement to produce and promote a new product line he had designed.*fn3 The parties presented conflicting testimony under the agreement as to the nature and extent of the duties and their execution.*fn4

The credibility of witnesses and the weight to be given their testimony is for the referee to determine together with the resolution of conflicts in testimony. Yazevac v. Unemployment Compensation Board of Review, 60 Pa. Commonwealth Ct. 90, 430 A.2d 1207 (1981). The issue as to whether one had necessitous and compelling reasons for a voluntary quit is a legal conclusion for this Court's review. In exercising this review, we must examine the testimony in the light most favorable to the party who prevailed below. Taylor v. Unemployment Compensation Board of Review, 474 Pa. 351, 378 A.2d 829 (1977).

[ 68 Pa. Commw. Page 627]

The referee's acceptance of the employer's version of the agreement does not constitute a capricious disregard of competent evidence. The claimant admits becoming dissatisfied with the working conditions, thereby terminating his employment.

Affirmed.

Order

The order of the Unemployment Compensation Board of Review, No. B-186252 dated July 28, 1980, is hereby affirmed.

Disposition

Affirmed.


Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.