75 Pa. Commw. 635 | Pa. Commw. Ct. | 1983
Opinion by
Aldo Magazzeni (Claimant) has filed this Petition, for Review from a decision of the Unemployment Compensation Board of Review (Board) which denied Claimant unemployment benefits based upon a determination that Claimant had voluntarily terminated his employment without cause of a necessitous and compelling nature.
In this case, the Claimant, as the party with the burden of proof,
Of course, the question of whether a Claimant had necessitous and compelling cause for quitting is a legal conclusion subject to review by this Court. See, e.g., McNeil v. Unemployment Compensation Board of Review, 51 Pa. Commonwealth Ct. 315, 414 A.2d 727 (1980). As concerns Claimant’s contentions in this case, this Court has held that mere dissatisfaction with working conditions or resentment of a superior’s criticisms, absent a finding of unjust accusations, abusive conduct or profane language, does not amount to the necessary good cause for quitting. See Krieger v. Unemployment Compensation Board of Review, 52 Pa. Commonwealth Ct. 103, 415 A.2d 160 (1980). Furthermore, a personality conflict, absent an intolerable working atmosphere, also does not constitute necessitous and compelling cause. See Heller v. Unemployment Compensation Board of Review, 58 Pa. Commonwealth Ct. 194, 427 A.2d 737 (1981). The Claimant contends that the personality conflict here was intolerable, and cites in support of his position Sabella v. Unemployment Compensation Board of Review, 52 Pa. Commonwealth Ct. 258, 415 A.2d 722 (1980). Suffice to say that Sabella is easily distinguishable from the case before us. In Sabella, the uncontradicted testimony of the claimant and her supervisor was to the effect that the conflict between the claimant and another employee under claimant’s direction made it impossible for claimant to remain where she was.
The order of the Board is affirmed.
Order,
The order of the Unemployment Compensation Board of Review, Decision Number B-201773, dated December 3,1981, is hereby affirmed.
Section 402(b) of the Unemployment Compensation Law (Law), Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. §802(b).
See e.g., Iaconelli v. Unemployment Compensation Board of Review, 55 Pa. Commonwealth Ct. 117, 423 A.2d 754 (1980).
The reason for the Board’s denial of benefits, and our subsequent reversal, concerned whether claimant made a good faith effort to see if she could relocate her office away from the offending co-worker.