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JAMES B. MARKBY v. COMMONWEALTH PENNSYLVANIA (10/18/89)

decided: October 18, 1989.

JAMES B. MARKBY, PETITIONER,
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



Appeal from PETITION FOR REVIEW, (UNEMPLOYMENT COMPENSATION).

COUNSEL

Robert A. Cinpinski, Kittanning, for petitioner.

James K. Bradley, Asst. Counsel, with him, Clifford F. Blaze, Deputy Chief Counsel, for respondent.

Crumlish, Jr., President Judge, Palladino, J. (p.), and Smith, J.

Author: Palladino

[ 129 Pa. Commw. Page 177]

James B. Markby (Claimant) appeals from an order of the Unemployment Compensation Board of Review (Board) affirming the referee's denial of benefits under Section 402(a) of the Unemployment Compensation Law (Law).*fn1 We affirm.

Claimant was last employed by USX Corporation (USX) as a motor inspector. On June 11, 1988, Claimant was laid off when USX sold the plant to Allegheny Ludlow. The Office of Employment Security (OES) determined Claimant to be eligible for benefits. On October 12, 1988, Terry Kinney (Mr. Kinney), an OES job service supervisor, telephoned Claimant concerning a job opening with Allegheny

[ 129 Pa. Commw. Page 178]

Ludlow as a motor inspector. During this call, Claimant indicated that he believed Allegheny Ludlow would not be interested in him.

OES found that Claimant's remark was a refusal of a referral to employment and therefore, Claimant was disqualified from receiving further benefits. Claimant appealed to a referee who, following a hearing, affirmed the OES decision. On appeal, the Board held that Claimant had not refused an offer of suitable the Board held that Claimant had not refused an offer of suitable work but had discouraged an offer of employment which also disqualified him from receiving benefits under Section 402(a) of the Law.

The following issues are before us: 1) whether the Board's finding that Claimant discouraged a referral to employment is supported by substantial evidence; and 2) whether Claimant is entitled, by law, to be warned that his response to a job referral will be deemed a refusal or discouragement and disqualify him from receiving benefits.*fn2

Initially, we note that the Board found that Claimant had discouraged an offer of employment. Claimant, by counsel in his brief, refers to the Board's finding as discouraging a job referral. Neither discouraging a job referral nor discouraging an offer of employment are found in language of Section 402(a) of the Law. Our court has interpreted 402(a) to require that claimants demonstrate good faith through conduct consistent with a genuine desire to work and be self-supporting. Unemployment Compensation Board of Review v. Pinger, 21 Pa. Commonwealth Ct. 61, 342 A.2d 781 (1975). Discouraging a job referral or discouraging an offer of employment is conduct inimical to good faith. ...


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