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DIETER SIEVERS v. COMMONWEALTH PENNSYLVANIA (08/26/87)

decided: August 26, 1987.

DIETER SIEVERS, 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 Dieter Sievers, No. B-248029.

COUNSEL

Loralyn McKinley, for petitioner.

Jonathan Zorach, Assistant Counsel, with him, Clifford F. Blaze, Deputy Chief Counsel, for respondent.

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

Author: Narick

[ 124 Pa. Commw. Page 53]

This is an appeal by Dieter Sievers (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 (Act), Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. ยง 802(b).*fn1 We affirm.

[ 124 Pa. Commw. Page 54]

Claimant was employed by Nabisco Brands, Inc. (Employer) for approximately seventeen years. His last day of employment was October 31, 1985 and at that time Claimant was employed as a maintenance foreman. Claimant's employment separation came about through an operation leveraging and streamlining plan (OL&S) offered by Employer to all management employees including Claimant. This plan was necessary in order to effectuate necessary staff reductions by allowing management employees to voluntarily terminate their employment and thus avoid involuntary staff reductions.

At the hearing before the referee, Claimant was unrepresented by counsel and Employer failed to appear. Based on the documents submitted into evidence and Claimant's testimony, the referee made the following pertinent findings of fact which were affirmed by the Board:

2. In April of 1985, all salaried employees were informed that a reduction in managerial staff was necessary; however, a certain program was being offered in order to proclude [sic] involuntary reduction.

3. The claimant, as well as other members of the supervisory staff, attended a meeting in April of 1985, and the program was discussed with all of the individuals. Any individual interested in the program would have to inform the employer no later than 5-17-85.

4. Any employee who chose not to accept the program would be advised as to whether they would be retained following any voluntary separation.

5. The claimant accepted the employer's program with its benefits, and voluntarily terminated his ...


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