Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of James E. Connelly, No. B-189823.
John Stember, for petitioner.
Richard Lengler, Law Student Intern, with him Michael D. Klein, Acting Appeals System Administrator, and 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 Judge Doyle.
[ 69 Pa. Commw. Page 327]
James E. Connelly (Claimant) appeals the order of the Unemployment Compensation Board of Review (Board) which affirmed the decision of a referee to deny unemployment compensation benefits pursuant to Section 402(b)(1) of the Unemployment Compensation Law (Act), Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. § 802(b)(1).*fn1 For the reasons which follow, we affirm the order of the Board.
Claimant was last employed by United States Steel Corporation (Employer) as a laborer. On January 3, 1980, the Employer placed Claimant in layoff status. On January 8, 1980, the Employer received a letter from Claimant which notified the Employer of Claimant's
[ 69 Pa. Commw. Page 328]
intention to travel to Dehli, India. This correspondence also advised the Employer that information mailed to Claimant's home would be forwarded to him. On January 29, 1980, the Employer telephoned Claimant's home to inform him of a recall to work. Having been told that Claimant was still in India, the Employer sent a recall letter by certified mail to Claimant at Claimant's home which was received by Claimant's father. On February 13, 1980, the Employer sent another certified letter to Claimant's home which informed him that his employment had been terminated because of his failure to respond to the recall notice within fifteen days.*fn2
Following a hearing to determine Claimant's eligibility for unemployment compensation benefits, the referee found that:
13. The claimant was terminated as a voluntary quit under Section F, 3(a) of the Local Seniority Agreement between the U.S. Steel Corporation, Edgar Thompson Plant and the United Steelworkers of America Local 1219 dated September 21, 1975 which reads as follows:
"(3) Response to Recall: a. A laid off employee who fails to return within fifteen (15) days following a receipt (via certified mail) of a recall notice to a job of other than a temporary nature to which his seniority rightfully entitled him, shall be deemed to have voluntarily quit within the meaning of the Basic Labor ...