27 Pa. Commw. 180 | Pa. Commw. Ct. | 1976
Lead Opinion
Opinion by
This is an appeal by Sarah H. Trexler (claimant) from a decision of the Unemployment Compensation Board of Review (Board), dated August 22, 1975, which affirmed a referee’s order denying her claim for unemployment compensation benefits.
The material facts of this case are not in dispute. The claimant was last employed by J. B. Liebman, Reading, Pennsylvania, as an accounting clerk at the hourly rate of $2.65. On September 20, 1974, she was discharged from that company’s employ and she received unemployment compensation benefits for two months thereafter, during which time she was available for suitable work, but only between the hours of 8:00 A.M. and 5:00 P.M., her availability being limited because of her inability to find a reliable person to care for her 12-month-old child except during the period indicated. She actively sought employment within these time limits by registering with a local employment agency as well as with the Bureau of Employment Security (Bureau).
On or about November 25, 1974, the Bureau referred the claimant to Gilbert Associates (Gilbert) for the position of accounting clerk at $350-$550 per month. On November 27, she reported for an inter
The scope of our review in unemployment compensation cases is, of course, limited to questions of law and absent fraud to a determination as to whether or not the Board’s findings are supported by the evidence. Myers v. Unemployment Compensation Board of Review, 17 Pa. Commonwealth Ct. 281, 330 A.2d 886 (1975). We are called upon here to determine, therefore, whether or not as a matter of law the claimant was offered “suitable work” and, if she was, whether
The claimant contends that she was not offered “suitable” employment because she would be required to work, on occasion, beyond the hourly limits of her availability. The section of the Act to which we must look to determine whether the work is ‘ ‘ suitable, ’ ’ however, does not address the subject of suitability in terms of the coincidence of the hours offered and the hours of availability, but states only that “no work shall be deemed suitable in which ... (2) the remuneration, hours or other conditions of the work offered are substantially less favorable to the employe than those prevailing for similar work in the locality. . . .” Section 4(t) of the Act, 43 P.S. §753(t) (emphasis added). Here, although the occasional overtime may have been unusual for the position of accounting clerk, there is nothing in the record to indicate that the hours were substantially less favorable to the claimant than those prevailing for similar work in the area and we must conclude, therefore, that she was offered “suitable work.”
The remaining issue with which we are faced is whether or not the claimant had “good cause” to refuse the proffered employment, and “good cause” is not explicitly defined in the Act. In making this determination, therefore, we must bear in mind that “ [presumably, an unemployed worker in a covered employment is entitled to benefits, and loses them only when he falls under the condemnation of a disqualifying provision of the act, fairly, liberally and broadly interpreted.” Sturdevant Unemployment Compensation Case, 158 Pa. Superior Ct. 548, 560, 45 A.2d 898, 904 (1946), (emphasis added); accord, Savage Unemployment Compensation Case, 401 Pa. 501, 165 A.2d 374 (1960). We must also remember that “good cause,” being undefined in the Act, is a flexible term
In Quiggle, supra, decided in 1953, the Superior Court, having found that the claimant’s conduct there evidenced a genuine desire to work, held that her necessity to care for her small child during the hours of proffered employment furnished her with “good cause” to refuse the job and she, therefore, would remain eligible for unemployment compensation benefits. In 1961, however, the Superior Court, relying solely on Watson Unemployment Compensation Case, 176 Pa. Superior Ct. 490, 109 A.2d 215 (1954), held
On January 20, 1953, the date the Quiggle decision was filed, therefore, it must be noted that “good cause” was used to determine a claimant’s eligibility under two separate sections of the Act, which involved two distinct situations: (1) in Section 402(a) which concerns the claimant who has refused to accept suitable work; and (2) in Section 402(b), which deals with the claimant who has voluntarily left his job and is seeking to obtain benefits initially. Prior to 1953, judicial interpretations of “good cause” had been in agreement that domestic responsibilities could furnish the claimant with good cause in cases where the claimant had voluntarily left his job (Section 402(a) cases). See, e.g., Mooney Unemployment Compensation Case, supra, wherein it was held that, where a change in hours worked made it impossible for the claimant to care for her three small children, she had “good cause” to leave her job.
In 1955, however, the legislature undermined the basis for the court’s decision in Watson when it removed the “marital, filial and domestic” exception under Section 402(b) and rephrased the test for determining the eligibility of a claimant who had voluntarily left his job so that he would be eligible for benefits only if he terminated his employment for a “cause of a necessitous and compelling nature.”
These amendatory actions indicate to us that the legislative intention was that separate tests be used to determine eligibility in “refusal” cases (under Sec
The rule enunciated in Quiggle, supra, (that a mother’s necessity to care for her child can be “good cause” to refuse suitable employment under Section 402(a)) is, we believe, the interpretation which the legislature intended should prevail. As we have noted Buchko, supra, (which had held that such parental responsibility could not furnish a claimant with good cause to refuse a job), relied solely on Watson Unemployment Compensation Case, supra, the basis of which has since been removed by legislative amendments to the statute concerned. We believe it neeesssary, therefore, to overrule Buchko. In addition, we must note that at the time of our consideration of this issue in Unemployment Compensation Board of Review v. Book, 24 Pa. Commonwealth Ct. 36, 354 A.2d 4 (1976), neither the briefs of counsel nor our independent research disclosed the statutory history of “good cause” which has convinced us that Buchko was improperly decided. Therefore, having relied on Buchko in reaching our decision there, we now believe that Book must be overruled as well.
In view of the above, the order of the Unemployment Compensation Board of Review insofar as it denies the claim of Sarah H. Trexler pursuant to Section 402(a) of the Unemployment Compensation Law is hereby reversed and the case remanded to the Board for a proper computation of benefits.
Order
And Now, this 19th day of November, 1976, the order of the Unemployment Compensation Board of Review insofar as it denies the claim of Sarah H. Trexler pursuant to Section 402(a) of the Unemployment Compensation Law is hereby reversed and the case is hereby remanded to the Board for a proper computation of benefits.
Section 401(d) of the Act of December 5, 1936, Second Ex. Sess., P.D. (1937) 2897, as amended, 43 P.S. §801(d) provides, inter alia, as follows:
“Compensation shall be payable to any employe who is or becomes unemployed, and who—
“(d) Is able to work and available for suitable work. . . .”
Section 402(a) of the Act, 43 P.S. §802(a), provides, inter alia, as follows:
“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 the employment office or by any employer. . . ."
Section 4 of the Act of August 24, 1953, P.L. 1397.
Section 5 of the Act of March 30, 1955, P.L. 6.
Dissenting Opinion
Dissenting Opinion by
I respectfully dissent on the same grounds, logic, and the law noted in an opinion of this Court in Unemployment Compensation Board of Review v. Book, 24 Pa. Commonwealth Ct. 36, 354 A.2d 4 (1976). No matter how sympathetic one may be for the mother of a child in need of babysitting assistance, certainly consultation with one or two babysitters should not be used as justification for unemployment benefits upon the employee’s rejection of employment because of the possibility of overtime. I believe the Legislature never intended such a result.