Appeal from the Order of the Unemployment Compensation Board of Review, in case of In Re: Claim of William L. Creason, No. B-266204.
Robert D. Kodak, Knupp & Kodak, P.C., for petitioner.
Maribeth Wilt-Seibert, Assistant Counsel, with her, Clifford F. Blaze, Deputy Chief Counsel, for respondent.
Thomas A. Beckley, with him, Charles O. Beckley, II, Beckley & Madden, for West Hanover Township, intervenor.
Judges Barry and Smith, and Senior Judge Narick, sitting as a panel of three. Opinion by Senior Judge Narick.
[ 123 Pa. Commw. Page 442]
In this unemployment compensation case, William L. Creason (Claimant) petitions for review of a decision of the Unemployment Compensation Board of Review (Board) affirming a referee's denial of benefits to Claimant pursuant to Section 402(b) of the Unemployment Compensation Law, Act of December 5, 1936, Second Ex. Sess., P.L. 1937 (2897), as amended, 43 P.S. § 802(b) (voluntary quit). We affirm.
The basis of Claimant's appeal is that he had necessitous and compelling reasons for terminating his employment.
[ 123 Pa. Commw. Page 443]
Claimant also argues that the referee erred as a matter of law in refusing to admit certain evidence into the record. We will address both of these contentions raised by Claimant keeping in mind that our scope of review is limited. We must affirm the Board's decision unless there has been a violation of constitutional rights, an error of law committed or the Board's findings are not supported by substantial evidence. Section 704 of the Administrative Agency Law, 2 Pa. C.S. § 704; Kirkwood v. Unemployment Compensation Board of Review, 106 Pa. Commonwealth Ct. 92, 525 A.2d 841 (1987).
Claimant was employed for approximately five years as the zoning and code enforcement officer for West Hanover Township (Township). This position required the yearly approval of the Township's Board of Supervisors (Supervisors). The Supervisors held their first meeting for the 1988 year on January 14, 1988. During the meeting, although Claimant was unanimously approved as "acting" zoning and code enforcement officer, his request for a salary increase was denied. Before the meeting was over, Claimant submitted a letter of resignation to the Supervisors which stated that his resignation was "due to potential personal conflicts with some Board [Supervisors] members."
[ 123 Pa. Commw. Page 444]
The burden of proving that his termination of employment was for reasons necessitous and compelling rests with Claimant. Matvey v. Unemployment Compensation Board of Review, 109 Pa. Commonwealth Ct. 591, 531 A.2d 840 (1987). In order for Claimant to establish a necessitous and compelling reason for resigning from his job, he must demonstrate that his conduct was consistent with ordinary common sense and prudence, and that the circumstances promoting the resignation were for reasons which were real, substantial and reasonable, and not for reasons imaginary, ...