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NANCY V. GRAY v. COMMONWEALTH PENNSYLVANIA (03/20/85)

decided: March 20, 1985.

NANCY V. GRAY, 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 Nancy V. Gray, No. B-222721.

COUNSEL

Geoffrey M. Biringer, for petitioner.

James K. Bradley, Associate Counsel, with him, Charles G. Hasson, Acting Deputy Chief Counsel, for respondent.

Judges Rogers and Craig and Senior Judge Barbieri, sitting as a panel of three. Opinion by Senior Judge Barbieri. Judge Williams, Jr., did not participate in the decision in this case.

Author: Barbieri

[ 88 Pa. Commw. Page 285]

Nancy V. Gray, Claimant, appeals an order of the Unemployment Compensation Board of Review (Board) which affirmed a referee's denial of benefits under Section 403-A(h) of the Unemployment Compensation Law (Law).*fn1

The sole issue raised for our review is whether the Board erred in denying all shareable regular benefits*fn2 to Claimant because she voluntarily left her part-time job. On October 11, 1982, while receiving unemployment compensation benefits, Claimant took a part-time job as a store clerk at Handy Markets, Inc., for twenty hours per week at a pay rate of $3.35 per hour. She quit the job later that day. On October 25, 1982, a

[ 88 Pa. Commw. Page 286]

    referee found, under Section 402(b) of the Law,*fn3 that Claimant had left work without cause of a necessitous and compelling nature. Pursuant to this Court's decision in Unemployment Compensation Board of Review v. Fabric, 24 Pa. Commonwealth Ct. 238, 354 A.2d 905 (1976), the referee reduced Claimant's regular benefits by $67.00 per week.*fn4 Claimant did not appeal the referee's decision. Claimant subsequently applied for shareable regular benefits, commencing the week of April 9, 1983. The referee, as affirmed by the Board, denied all shareable regular benefits under Section 403-A(h) of the Law,*fn5 on the grounds that Fabric applies only to the denial of regular benefits under Section 402(b) of the Law, but not to the denial of shareable regular benefits under Section 403-A(h) of the Law.

Claimant, citing Fabric, argues that her shareable regular benefits should have been reduced rather than terminated. In Fabric, this Court held that "when a

[ 88 Pa. Commw. Page 287]

    claimant voluntarily leaves part-time employment within the meaning of Section 402(b)(1) of the Act, he is rendered ineligible for further benefits only to the extent that his benefits were decreased by virtue of his part-time earnings." Id. at 242-43, 354 A.2d at 908.

In Regan v. Unemployment Compensation Board of Review, 82 Pa. Commonwealth Ct. 648, 476 A.2d 483 (1984), this Court held that "an applicant for federally-funded extended benefits . . . who has voluntarily left part-time employment shall be ineligible for such benefits only to the extent that such benefits were ...


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