179 Pa. Super. 201 | Pa. Super. Ct. | 1955
Opinion by
This is an appeal from the decision of the Unemployment Compensation Board of Review denying benefits on the ground that claimant was disqualified to receive unemployment compensation benefits for the weeks involved because of his refusal, without good cause, to accept suitable work. Claimant was found
There is no substantial dispute about the facts. William F. Dower, the claimant, is 27 years of age and resides with his wife and two children in Mahanoy Plane, Pennsylvania. Claimant was last employed at the Parish Pressed Steel Company in Reading, Pennsylvania, as a press operator’s helper at an hourly wage of $1.48 for a period of six months in 1953. While employed in Reading, which is approximately 45 miles from his home in Mahanoy Plane, claimant drove his own automobile to and from work. Claimant’s last day of work was August 25, 1953 when he was laid off because of lack of work. On December 29, 1953 a letter was sent to the claimant by the Parish Pressed Steel Company, requesting claimant to report for work on Monday, January 4, 1954, at 11:00 p.m. in Department 61. The claimant received the letter, but did not report for work as requested. Claimant alleged that he sent a post card to the employer stating that he was unable to obtain transportation and requesting information as to how he could obtain a ride, but did not receive any reply from the employer.
The claimant filed a valid application for benefits on November 20, 1953. Thereafter he filed a waiting week claim for the week ending November 26, 1953, and continued claims for the weeks ending January 7, 14 and 21, 1954. On January 29, 1954 the bureau issued a decision allowing the claims filed for the weeks ending January 7, 14 and 21, 1954 on the ground the claimant had good cause for failure to report for scheduled work. The employer appealed, and after a hearing, the referee reversed the bureau and denied benefits on the ground that claimant was not generally available for work because he had to care for his two children and keep house while his wife was em
Section 402(a) of the Unemployment Compensation. Law of 1936, as amended, 43 PS §802(a), provides: “An employe shall be ineligible for compensation for any week — (a) In which his unemployment is due to failure, without good cause . . ., to accept suitable work when offered to him ... by any employ-
The employment offered claimant by Parish Pressed Steel Company, his previous employer, was clearly within the category of suitable work which is defined in §4(t) of the Law, 43 PS §753, as follows: “ ‘Suitable Work’ means all work which the employe is capable of performing. In determining whether or not any work is suitable for an individual, the department shall consider the degree of risk involved to his health, safety and morals, his physical fitness, prior training and experience, and the distance of the available work from his residence. The department shall also consider among other factors the length of time he has been unemployed and the reasons therefor, the prospect of obtaining local work in his customary occupation, his previous earnings, the prevailing condition of the labor market generally and particularly in his usual trade or occupation, prevailing wage rates in his usual trade or occupation, and the permanency of his residence.” The claimant obviously would have been capable of performing the work since it was the same type of work he performed for the employer during his last period of employment, and there is no evidence to indicate the wages, hours, or other conditions
As stated by President Judge Rhodes in Sweeney Unemployment Compensation Case, 177 Pa. Superior Ct. 243, 247, 248, 110 A. 2d 843: “ ‘Good- cause’ and ‘suitable work’ represent distinct concepts, and in determining eligibility they must be considered separately. Barclay White Company v. Unemployment Compensation Board of Review, supra, 356 Pa. 43, 50 A. 2d 336. The reasons for refusal of offered work must be substantial and reasonable, not arbitrary, whimsical, capricious or immaterial. Suska Unemployment Compensation Case, 166 Pa. Superior Ct. 293, 70 A. 2d 397.” In the instant case the sole reason for the refusal of the offered employment by the claimant was the alleged lack of transportation facilities from the residence of claimant in Mahanoy Plane to Reading, the place of employment. However, the
Decision is affirmed.