Appeal from the Order of the Unemployment Compensation Board of Review in the case of In Re: Claim of Bruce K. Judd, No. B-222355.
Steven Robins, with him, Dennis Luttenauer, for petitioner.
Charles G. Hasson, Acting Deputy Chief Counsel, with him, Daniel T. Booth, Legal Intern, for respondent.
Judges MacPhail and Barry, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Senior Judge Barbieri. Judge MacPhail dissents.
[ 91 Pa. Commw. Page 373]
Bruce K. Judd appeals here the decision and order of the Unemployment Compensation Board of Review (Board) declaring Mr. Judd, who had resigned his position with the Department of Public Welfare (DPW), ineligible to receive unemployment benefits pursuant to Section 402(b) of the Unemployment Compensation Law.*fn1
The facts in this case are not in dispute. Mr. Judd's final position with DPW was as an Income Maintenance Policy Specialist I in DPW's Bureau of Policy in Harrisburg where he worked from July, 1981 until he resigned on September 30, 1982. Prior to his promotion to the position with the Bureau of Policy, Mr. Judd had been employed for twelve years by DPW at the McKean County Board of Assistance where he served finally as a Casework Supervisor I. He applied for the position with the Bureau of Policy in April, 1981 believing that, if he remained with the McKean County Board of Assistance, he would soon be furloughed.
Upon relocating to Harrisburg in July, 1981, Mr. Judd began to experience financial problems due to his inability to sell his home in Bradford and having to pay for housing in Harrisburg. Mr. Judd's net biweekly salary in July, 1981 was $649.00; his mortgage
[ 91 Pa. Commw. Page 374]
and rental obligation totaled $780.00. Property taxes on his home in Bradford were approximately $1600.00 per year. By letter dated September 28, 1981, Mr. Judd requested that he be permitted to exercise his ninety-day right-of-return to his former position as Casework Supervisor I with the McKean County Board of Assistance. Simultaneously, however, he received notice of his furlough from that position, and he did not pursue his right to return to McKean County.
Mr. Judd's financial difficulties did not abate though and, on November 30, 1981, after learning of a vacant caseworker position with the McKean County Board of Assistance, he submitted a written request for a voluntary demotion and transfer to that position. He withdrew the request after learning that any transfer would not be effective until near the date his second child's birth was expected; also, his financial situation improved when he was able to lease his Bradford home in December, 1981.
In or around May, 1982, the Judds received notice from the McKean County Tax Claim Bureau that, if payment were not made on their 1981 property taxes, in the amount of $1589.71, their home would be subject to forced sale. Then in June, the Judds' tenants moved and the Judds were unsuccessful in renting the house again. Therefore, Mr. Judd, worried about mortgage arrearages and unpaid property taxes, wrote to the McKean County Board of Assistance and requested that he be permitted to fill an available Income Maintenance Worker Trainee position. Mr. Judd ...