89 Pa. Commw. 24 | Pa. Commw. Ct. | 1985
Opinion by
Carol F. Schechter (claimant) appeals here an order of the Unemployment Compensation Board of Review (Board) which affirmed the referee’s denial of benefits on the grounds that the claimant voluntarily-terminated her employment without cause of a necessitous and compelling nature. Section 402(b) of the Unemployment Compensation Law (Law), Act of December 5, 1936, Second Ex. Seas., P.L. (1937), as amended, 43 P.S. §802.(b).
The facts are not in dispute. The claimant worked for the Pennsylvania Department of Health (employer) in Harrisburg from May 1973 until January 1983 when she left her job as a Public Health Executive II to join her husband in Arlington, Virginia. She had married David Narrow, an attorney working for the Federal Trade Commission in Washington, D.C., in May 1980. For the first year of their marriage, the couple lived apart during .the week and spent weekends together, alternating the locale. When this arrangement proved too burdensome, Mr. Narrow arranged to work a four-day week and to spend the weekends in Harrisburg, although he continued to maintain a separate residence in Arlington, Virginia. In July 1982, the claimant went on maternity leave. Two months later, in September, the couple’s first child was born, and Mr. Narrow then decided to return to full-time employment at the Federal Trade Commission because of the possibility of layoffs among the part-time employees. Believing that the maintenance of two households was no longer economically feasible and desiring to raise the child together, the family moved to their Arlington, Virginia residence in December 1982. At the end of her maternity leave, the claimant quit her job in Harrisburg.
The sole question before us is whether or not the claimant’s resignation was of a necessitous and com
The claimant, citing Wheeler v. Unemployment Compensation Board of Review, 69 Pa. Commonwealth Ct. 201, 450 A.2d 775 (1982), argues that the Board erred in concluding that she was not forced either by financial circumstances or by an insurmountable transportation problem to quit her job. She further maintains that an award of benefits in her case will be in keeping with the liberal construction to be accorded the Unemployment Compensation Law.
Following the 1980 Amendment to Section 402(b) of the Law,
Prior to the claimant’s voluntary job termination, she held a position with a salary of $35,000.00 per year and her spouse earned in excess of that figure. Additionally, the couple owned two houses, one in Harrisburg, Pennsylvania, and the second in Arlington, Virginia. And, as already stated, they had resided in their separate residences during the work week, living together only on weekends, from the beginning of their marriage. We believe it is the circumstances which existed prior to her voluntary termination, which must guide our determination of whether or not the decision to quit work was for necessitous and compelling cause. Compare Steck, Kleban and Wheeler.
Our review of the record indicates that the Board’s conclusion that the claimant’s decision to quit was not necessitated by economic hardship is correct. In this regard, we cannot ignore the unique fact that this couple had successfully maintained separate house
Furthermore, the claimant’s contention that a daily commute to work of 130 miles one way was an insurmountable transportation problem which supports an award of benefits misstates the law. Insurmountable commuting problems which give rise to an award of benefits occur when the employer relocates his business or transfers the employee, and the employee/claimant is then faced, through no fault of his/her own, with a burdensome commute. See Womeldorf v. Unemployment Compensation Board of Review, 59 Pa. Commonwealth Ct. 627, 430 A.2d 722 (1981). The commuting problem arose here when the claimant chose to move to Arlington, Virginia, for reasons which, although laudable, can only be described as purely personal. See Wheeler. And, we would further note that, even in circumstances where a claimant has established the existence of an employer-created commuting problem, we have held that, prior to receiving benefits, it must be shown that the claimant took reasonable steps to overcome this transportation problem. Yurack v. Unemployment Compensation Board of Review, 62 Pa. Commonwealth Ct. 47, 435 A.2d 663 (1981) and Musguire v. Unemployment Compensation Board of Review, 52 Pa. Commonwealth Ct. 137, 415 A.2d 708 (1980).
In light of the fact that the claimant here has not established that her unique situation created real and substantial pressure to terminate employment, the present state of the law requires that we affirm the order of the Board.
Order
And Now, this 25th day of April, 1985, we hereby affirm the order of the Unemployment Compensation Beard of Review.
Section 13 oí the Act of July 10, 1980, P.L. 521. The amendment deleted language which specifically disqualified as ineligible for benefits a claimant who voluntarily terminated bis or ber employment to follow a spouse to a new location or to attend to family obligations.