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Beddis v. Unemployment Compensation Board of Review

October 18, 2010

ROSEMARIE A. BEDDIS, PETITIONER
v.
UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



The opinion of the court was delivered by: Judge Brobson

Submitted: June 11, 2010

BEFORE: HONORABLE BONNIE BRIGANCE LEADBETTER, President Judge, HONORABLE P. KEVIN BROBSON, Judge, HONORABLE JIM FLAHERTY, Senior Judge.

OPINION

Petitioner Rosemarie A. Beddis (Claimant) appeals from an order of the Unemployment Compensation Board of Review (Board), affirming a Referee's determination that Claimant was not eligible for unemployment compensation benefits under Section 402(b) of the Unemployment Compensation Law (Law)*fn1 because she voluntarily severed her employment with Saint Grobain Abrasives (Employer) "without cause of a necessitous and compelling nature." Concluding that the Board's decision is faithful to precedent interpreting Section 402(b) of the Law, we affirm the Board's order.

Following her separation from employment, Claimant applied for unemployment compensation benefits. The Norristown UC Service Center (Service Center) issued a determination, denying benefits pursuant to Section 402(b) of the Law. Claimant appealed. At a hearing before the Referee, Claimant, proceeding pro se, testified on her own behalf. Employer also appeared without counsel at the hearing through a representative, who testified on Employer's behalf. Following the hearing, the Referee issued his decision, affirming the Service Center's determination and denying benefits.

Claimant, represented by counsel, appealed to the Board. In addition to challenging the Referee's decision, Claimant asked the Board to reopen the record to offer additional evidence. In its decision, the Board adopted and incorporated by reference the Referee's decision. It also denied Claimant's request to reopen the record on remand to the Referee, concluding that Claimant failed to establish "good cause" to support the request. Claimant, not her counsel, wrote to the Board, asking that the Board reconsider its decision. The Board denied the request for reconsideration. This timely appeal followed.

On appeal,*fn2 Claimant does not dispute any of the Referee's factual findings, which the Board adopted and incorporated in its decision. (Reproduced Record (R.R.) at 45.) Accordingly, those findings of fact are binding on appeal. Campbell v. Unemployment Comp. Bd. of Review, 694 A.2d 1167, 1169 (Pa. Cmwlth. 1997). The undisputed facts in this case are as follows:

1. The claimant was last employed with Saint Grobain Abrasives performing full-time order entry/reception work/administrative work at a pay rate of $17.10 per hour. The claimant was employed from 1997 and her last day of work was April 30, 2009.

2. The claimant's job changed in December; the claimant was no longer doing accounts payable.

3. The claimant was not happy with her job.

4. In January 2009, the employer advised the employees that several plants were laying off; the employer experienced voluntary and involuntary laid offs.

5. The claimant became aware that in April 2009, the order entry function would go to the Corporate Office.

6. The claimant approached her boss and said she might be interested in "a package."

7. The claimant requested to be laid off. 8. The employer did not advise the claimant that her job was being eliminated.

9. The employer offered the claimant a severance package and told her the last [day] she would be ...


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