Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Muriel M. Ryan, No. B-226576.
Dana M. Breslin, for petitioner.
Michael D. Alsher, Associate Counsel, with him, Charles G. Hasson, Acting Deputy Chief Counsel, for respondent.
Judges Craig and Palladino and Senior Judge Barbieri, sitting as a panel of three. Opinion by Judge Palladino. This decision was reached prior to the resignation of Judge Williams, Jr.
[ 87 Pa. Commw. Page 466]
This is an appeal by Muriel M. Ryan, Claimant, from an order of the Unemployment Compensation Board of Review (Board), affirming a referee's denial of unemployment compensation benefits under Section 402(b) of the Unemployment Compensation Law.*fn1
[ 87 Pa. Commw. Page 467]
Claimant was employed as an inventory control clerk for seventeen and one half years at Kraft Dairy Corporation (employer) located in Philadelphia. In March of 1983, at the age of 61 and after seventeen years of working on the day shift, Claimant's shift was changed to nights. Claimant explained to the employer that she did not want to change shifts because: the plant was located in a dangerous area where a night guard had previously been killed; public transportation which Claimant used to get to work either did not run at night or required her to change buses several times, walking through dangerous neighborhoods for these changes; and the ladies restroom facilities available at night were in a building one block from where Claimant was working.
The employer insisted that the change was required but would only be for a temporary period.*fn2 Claimant did comply with the employer's requirement that she change shifts, and she did try various arrangements to overcome the transportation difficulties. Six months later, in September of 1983, after making several unsuccessful requests to the employer to be transferred back to the day shift, Claimant opted to terminate her employment by taking an early retirement.
The referee's findings of fact, which were adopted by the Board are as follows:
1) The Claimant was last employed by Kraft Dairy Corporation, Philadelphia, Pennsylvania, as an inventory Control Clerk for approximately
[ 87 Pa. Commw. Page 46817]
1/2 years at the final rate of $275 per week. Her last day of work was ...