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ARTHUR N. GRENIER v. COMMONWEALTH PENNSYLVANIA (03/10/86)

decided: March 10, 1986.

ARTHUR N. GRENIER, 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 Arthur N. Grenier, Sr., No. B-232389.

COUNSEL

Charles J. Tague, Jr., Stewart, Wood & Tague, for petitioner.

Jonathan Zorach, Associate Counsel, with him, Charles G. Hasson, Acting Deputy Chief Counsel, for respondent.

Judges MacPhail, Doyle and Barry, sitting as a panel of three. Opinion by Judge Barry.

Author: Barry

[ 95 Pa. Commw. Page 528]

This appeal results from an order of the Unemployment Compensation Board of Review (Board) which affirmed a decision of the referee denying benefits to the claimant, Arthur N. Grenier, on the grounds that he left work without cause of a necessitous and compelling nature.

The claimant, at the time of his termination, was employed as the used car manager at Warrington Motors Co., Inc. As manager, he received a salary of $250.00 a week. In addition, he received a twenty percent commission on all used cars which he sold and a flat payment of $25.00 for each used car he purchased for resale by the employer. The claimant had been the used car manager for four and one-half months prior to his leaving the job. Before being promoted to manager, the claimant had been a used car salesman for approximately two years. Then he had received

[ 95 Pa. Commw. Page 529]

    a salary of $95.00 a week plus a twenty percent commission on all cars that he sold.

During the claimant's tenure as manager, his employer noticed a drastic reduction in used car sales, which averaged three a month as opposed to nine a month prior to his promotion. The employer therefore informed the claimant that a new manager was being hired and that the claimant could return to his prior job as a salesman. In spite of the $155.00 a week difference in salary, the employer testified and the referee found that the claimant had earned the same amount as a salesman as he had been receiving as manager. The employer testified that this was so because as a salesman claimant was able to devote all of his efforts to selling cars and, as a result, he sold more cars upon which he received his commission.

The claimant refused to accept the position as a salesman. He claimed that he would not be able to accept the reduction in salary. He, therefore, quit the job rather than accept the position as salesman. The claimant applied for benefits. Following a hearing, the referee denied benefits. The Board affirmed and this appeal followed.

Section 402(b) of the Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897, 43 P.S. § 802(b), renders ineligible for benefits any employee who voluntarily quits his or her job without necessitous and compelling reasons. Section 402(a), 43 P.S. § 802(a), also renders ineligible for benefits any employee who without good cause refuses an offer of suitable work. The claimant's arguments concern these two sections and are essentially interrelated. He first argues that he had necessitous and compelling reasons for voluntarily quitting his job because of the reduction in his ...


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