176 Pa. Super. 484 | Pa. Super. Ct. | 1954
Opinion by
In this unemployment compensation case Florence Z. Spotts (hereinafter referred to as claimant) was denied benefits by the bureau, the referee, and the Board of Beview on the ground that she voluntarily terminated her employment without good cause under the provisions of Section 402 (b) of the Unemployment Compensation Law. Claimant has appealed to this Court contending (1) that she did not voluntarily leave work; (2) that her unemployment was not due to her voluntarily leaving work; and (3) that the 1953 amendment
Prior to November 17, 1953, claimant was employed by Sylvania Electric Products, Inc., in Emporium, Pennsylvania. She is married and has three children aged respectively sis, five, and three years. Her original employment was on the Second shift, from 4 p.m.
The relevant provision of the Unemployment Compensation Law (1953 amendment italicized) reads as follows: “An employe shall be ineligible for compensation for any week ... (b) In which his unemployment is due to voluntarily leaving work without good cause, . . . provided, with respect to the determination of suitable work under section four (t), marital, filial and domestic circumstances and obligations shall not be deemed good cause within the meaning, of this act . . .” Prior to the enactment of the 1953 amendment, we had ruled that “good cause”
Claimant’s first contention is that she was compelled to cease work, not because of her changed circumstances, but because of the inability of the company to provide continued employment “on the same terms as before”. The answer is that a change in shifts cannot be considered a change in the terms of employment. As we said in Mehlbaum Unemployment Compensation Case, 175 Pa. Superior Ct. 497, 107 A. 2d 141: “We must not lose sight of the purpose of the Act, as expressed in the declaration of public policy. It was designed to benefit those persons who became unemployed through no fault of their own . . . This public policy must be considered in construing every provision of the law and in determining eligibility for compensation in every case . . . The Act must be construed sensibly, so that absurd results may be avoided”. To suggest that claimant did not “voluntarily” cease work, in the face of the offer of continued employment on a different shift, is to give the situation an unrealistic interpretation. It is clearly apparent that the employment relationship was severed by claimant and not by her employer, and claimant’s reason for the severance cannot be considered good cause under the express language of the 1953 amendment.
Claimant next contends that, even though she may be found to have voluntarily quit work, her unemployment was not “due to” her act in voluntarily leaving, but was caused by a change in the economic circumstances of the company. This contention is but a rephrasing of claimant’s first position. Eeliance is
We had occasion to consider the 1953 amendment recently in Forsht Unemployment Compensation Case, 175 Pa. Superior Ct. 646, 106 A. 2d 871. In that case, claimant was employed on the first shift. She was injured in an accident and was unable to work for two months. Upon recovery, she applied for employment on the second shift so that her husband could care for their two small children while claimant was at work. Employment was not available on the second shift but was still available on the first shift. Claimant did not notify her employer that she was willing to go back to work on the first shift. Speaking through Judge Hirt, we said: “The reason assigned by claimant for not resuming her work on the first shift is not good cause under the amendment . . . Work on the first shift was suitable work, and claimant could refuse to return to it because of her family obligations only by terminating her employment without good cause under the 1953 amendment of section 402 (b), thus barring her right to unemployment compensation”. In the case at bar, claimant’ reason for refusing work on the first shift was the same as that given in the Forsht case. And, as there pointed out, this reason has been the subject of legislative enactment excluding claimant from benefits.
Our conclusion is that it was not the intention of the legislature to permit an employee to insist upon working a particular shift because of marital, filial, or domestic circumstances. The wisdom and appropriateness of legislation are not for the judicial branch of the government: Albright Unemployment Compensation Case, 162 Pa. Superior Ct. 98, 56 A. 2d 390. The
Decision affirmed.
Act of August 24, 1953, P. L. 139T section 4, 43 PS 802.
This term was inserted in Section 402 (b) by the 1942 amendment,-Act-of. April 23,,.1942,: P. L.,:60.: