Opinion
November 16, 1960.
December 14, 1960.
Unemployment compensation — Voluntary termination of employment — Necessitous and compelling reasons for refusal of work — Refusal to accept job transfer to second shift.
1. In an unemployment compensation case, in which it appeared that claimant, an assembler, because of a slack in business was "bumped" from her regular job on the first shift by another employe by reason of a seniority provision contained in the union-management agreement, that she was offered temporary employment on the second shift until her regular job again became available, and that she refused to accept the job transfer, did not notify the employer of her decision, and never reported for work on the second shift, it was Held that the board properly concluded that claimant had voluntarily terminated her employment without cause of a necessitous and compelling nature.
2. A claimant who refuses employment may remain eligible only where there is some necessitous and compelling reason for the refusal to work.
3. Good cause for refusing work must rest on good faith, and good faith must disclose conduct which is consistent with a genuine desire to work.
Before RHODES, P.J., GUNTHER, WRIGHT, WOODSIDE, ERVIN, WATKINS, and MONTGOMERY, JJ.
Appeal, No. 190, April T., 1960, by claimant, from decision of Unemployment Compensation Board of Review, No. B-56565, in re claim of Ann Zitkovich. Decision affirmed.
Ann Zitkovich, appellant, in propria persona.
Sydney Reuben, Assistant Attorney General, with him Anne X. Alpern, Attorney General, for Unemployment Compensation Board of Review, appellee.
Argued November 16, 1960.
In this unemployment compensation case, the Bureau of Security, the referee and the board have all ruled that Ann Zitkovich, appellant, was ineligible to receive benefits under the provisions of section 402(b) of the Unemployment Compensation Law, 43 P.S. section 802(b).
Appellant was last employed as an assembler by the River Raisin Paper Company, Washington, Pennsylvania, and her last day of work was July 28, 1959. Because of a slack in business, appellant was "bumped" from her regular job on the first shift by another employe by reason of seniority contained in the union-management agreement. However, she was offered temporary employment on the second shift until her regular job again became available. Appellant refused to accept the job transfer, did not notify the employer of her decision, and never reported for work on the second shift, and her employment was terminated. She later contended that the reason she failed to accept the job transfer was because the work would be harmful to her health, but the board found that the work offered was less arduous than the work she had performed. She offered no medical certificate or other evidence to support her contention and the board concluded that she had voluntarily terminated her employment without cause of a necessitous and compelling nature.
A review of this record clearly discloses that the claimant here had no good cause for refusing the job offered by her employer. Good cause must rest on good faith and good faith must disclose conduct which is consistent with a genuine desire to work. Hassey Unemployment Compensation Case, 162 Pa. Super. 14, 56 A.2d 400; Bentz Unemployment Compensation Case, 190 Pa. Super. 582, 155 A.2d 461. The basic and fundamental principle of unemployment compensation is to aid those who find themselves in economic distress. The policy as set forth in the decisions of our Court requires that a claimant who refuses employment may remain eligible only where there is some necessitous and compelling reason for the refusal to work. Wetzel Unemployment Compensation Case, 193 Pa. Super. 85, 163 A.2d 719. A change in shifts, therefore, cannot be considered as a cause of a necessitous and compelling nature to qualify one for unemployment compensation benefits when work is available and where such work was specifically offered by the employer.
See Spotts Unemployment Compensation Case, 176 Pa. Super. 484, 489, 109 A.2d 212.
The decision of the board is affirmed.