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JACK SHINGLES v. COMMONWEALTH PENNSYLVANIA (08/04/86)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: August 4, 1986.

JACK SHINGLES, 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 Jack Shingles, No. B-214168.

COUNSEL

Stanley M. Shingles, for petitioner.

Richard F. Faux, Associate Counsel, with him, Charles G. Hasson, Acting Deputy Chief Counsel, for respondent.

President Judge Crumlish, Jr., Judge Rogers, and Senior Judge Kalish, sitting as a panel of three. Opinion by President Judge Crumlish, Jr.

Author: Crumlish

[ 99 Pa. Commw. Page 418]

Jack Shingles appeals an Unemployment Compensation Board of Review order upholding a referee's decision which denied him benefits due to a voluntary quit without necessitous and compelling reason. Section 402(b) of the Unemployment Compensation Law.*fn1 We reverse.

Shingles, a pharmacist employed by the Rite Aid Corporation, was assigned to two company stores located in Quakertown. Several months later he agreed to a temporary transfer to an East Stroudsburg store, involving a ninety-five mile roundtrip commute. As a result of his complaints, Shingles was transferred back to the Quakertown area as a "fill-in," or floater, servicing twelve to fifteen stores. Shingles quit in response to this assignment.

Where the claimant, who has the burden of demonstrating necessitous and compelling cause for voluntarily leaving his employment, does not prevail below, our scope of review is limited to determining whether the Board's findings are consistent with each other and with the conclusions of law and whether they can be sustained without a capricious disregard of competent evidence.

[ 99 Pa. Commw. Page 419]

Reversed.

Order

The Unemployment Compensation Board of Review order, No. B-214168 dated January 28, 1983, is reversed.

Disposition

Reversed.


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