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UNIONTOWN NEWSPAPERS v. COMMONWEALTH PENNSYLVANIA (05/19/89)

decided: May 19, 1989.

UNIONTOWN NEWSPAPERS, INC., PETITIONER,
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



PETITION FOR REVIEW (UNEMPLOYMENT COMPENSATION)

COUNSEL

William M. Radcliffe, Carl M. Biddle, Coldren, Adams, DeHaas & Radcliffe, Uniontown, for petitioner.

No appearance for respondent.

Ewing D. Newcomer, Newcomer & Newcomer, Uniontown, for Jamie Yarris Filburn.

Doyle and McGinley, JJ., and Kalish, Senior Judge.

Author: Doyle

[ 126 Pa. Commw. Page 103]

Uniontown Newspapers, Inc. (Uniontown) appeals an order of the Unemployment Compensation Board of Review

[ 126 Pa. Commw. Page 104]

(Board) which reversed a referee's decision to deny benefits to Jamie Yarris Filburn (Claimant) pursuant to Section 402(b) of the Unemployment Compensation Law (Act).*fn1 We affirm.

Claimant worked as a secretary for seven years for Uniontown when she voluntarily terminated her job with Employer. Claimant testified that from 1980 to April 1987 she had been receiving ill treatment and verbal abuse from one of her supervisors, Ms. Gloria Ryland. Claimant alleged that Ryland subjected her to repeated abusive conduct both in front of other employees and in Ryland's office. Claimant testified that "several times [Ryland] would throw things at me instead of handing things to me . . . and instead of correcting my mistakes and telling me about my mistakes she would scream at me and point her finger at me about the mistake" (N.T. page 8).

Between May 1980 and April 1987, Claimant made more than a dozen complaints to her manager about Ryland's abusive treatment. In April 1987, pursuant to several discussions between Claimant and the advertising manager, Claimant was transferred from Ryland's direct supervision and was put under the supervision of the Advertising Manager to help alleviate the problem. Although Claimant was no longer under Ryland's direct supervision, nevertheless the nature of Claimant's work brought her and Ryland into daily contact. Ryland continued to yell and throw things in front of Claimant and Claimant repeatedly discussed Ryland's behavior at her weekly meetings with the Advertising Manager. On June 23, 1987, while Claimant's manager was away on vacation, Ryland subjected Claimant to twenty minutes of abuse in front of other employees and further abuse in Ryland's office. Claimant, extremely distraught, brought the incident to the attention of the Marketing Director and indicated to him her desire to resign

[ 126 Pa. Commw. Page 105]

    because of the intolerable treatment by Ryland. The Marketing Director tried to dissuade Claimant from quitting, and he assured her that he would monitor and try to resolve the situation between Ryland and Claimant. Since the Marketing Director would not guarantee ...


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