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ANN JURKIEWICZ v. COMMONWEALTH PENNSYLVANIA (06/08/84)

decided: June 8, 1984.

ANN JURKIEWICZ, 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 Ann Jurkiewicz, No. B-205369.

COUNSEL

Eugene Daniel Lucas, for petitioner.

Richard F. Faux, Associate Counsel, with him, Richard L. Cole, Jr., Chief Counsel, for respondent.

Judges Craig, Doyle and Colins, sitting as a panel of three. Opinion by Judge Doyle. Dissenting Opinion by Judge Colins.

Author: Doyle

[ 83 Pa. Commw. Page 142]

Ann Jurkiewicz (Claimant) appeals from an order of the Unemployment Compensation Board of Review (Board) which affirmed the referee's denial of benefits under Section 402(a)(1) of the Unemployment Compensation Law (Act).*fn1

In October, 1981 Claimant was laid off from her position at the Pawnee Pants Company, where she had worked during the evenings as a sewing machine operator. Claimant initially began receiving unemployment compensation benefits, but was denied further benefits in December, 1981 when she refused an offer of full-time day work because of her obligation to care for her children during the daytime hours.

On appeal, the referee affirmed the denial of benefits by the Office of Employment Security, holding

[ 83 Pa. Commw. Page 143]

    that Claimant was ineligible under Section 402(a)(1) of the Act because of her failure to accept an offer of full-time work in order to remain eligible for part-time evening work. Section 402(a)(1) of the Act was added in 1980, and states, in pertinent part:

An employe shall be ineligible for compensation for any week --

(a)(1) In which his unemployment is due to failure to accept an offer of suitable full-time work in order to ...


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