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CAROL ANNE EHMANN v. COMMONWEALTH PENNSYLVANIA (11/01/84)

decided: November 1, 1984.

CAROL ANNE EHMANN, 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 Carol Anne Ehmann, No. B-219362.

COUNSEL

Andrew F. Schneider, for petitioner.

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

Judges MacPhail, Colins and Blatt, sitting as a panel of three. Opinion by Judge Colins.

Author: Colins

[ 86 Pa. Commw. Page 19]

Carol Anne Ehmann (claimant) appeals from the decision of the Unemployment Compensation Board of Review (Board), affirming the decision of the referee denying her benefits. Claimant was employed at the Quality Lumber Company (employer) as a stock clerk from October 8, 1981 to March 17, 1983. She resigned after being reprimanded for an addition error. She alleges that she left because she suffered sexual harassment and discrimination, resulting in her being rejected for a position as a yard person (yardman) at a higher rate of pay.

Claimant bases her appeal upon the grounds that her leaving was of a necessitous and compelling nature

[ 86 Pa. Commw. Page 20]

    and that the Board capriciously disregarded competent evidence in making a contrary finding of fact and conclusion of law which was unsupported by substantial evidence. Claimant also requests a remand because she was not properly advised by the referee of her right to have an attorney, to present witnesses and evidence, to cross-examine witnesses and to enforce subpoenas. She further claims that she was not properly assisted by the referee in the enforcement of her subpoena when the witness failed to appear.

Claimant testified that her employer informed her, inter alia, that she could not do the job because she was a woman and that, in fact, no woman could do the job because it involved heavy physical labor. Her employer testified that although he was not guilty of sex discrimination "No woman can perform a yardman's job function." Claimant also has filed a complaint with the Human Relations Commission.

The referee found that claimant voluntarily quit because she was dissatisfied with her rate of pay, working conditions, and the manner in which she was reprimanded for errors. She was found not to have sustained her burden of showing that her quitting was of a necessitous and compelling nature caused by the alleged sexual harassment. This decision was affirmed by the Board.

The claimant bears the burden of showing that she left her employment for necessitous and compelling reasons. Iaconelli v. Unemployment Compensation Board of Review, 55 Pa. Commonwealth Ct. 117, 423 A.2d 754 (1980). Good cause for leaving is that which would compel a reasonable person to act in the same manner. Kuhn v. Unemployment Compensation Board of Review, 61 Pa. ...


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