56 Pa. Commw. 618 | Pa. Commw. Ct. | 1981
Opinion by
George Urista, a Social Security pensioner, had a part-time job as a bartender for the Fraternal Association of Eagles in Washington, Pennsylvania. He and the trustees of the Eagles had keys to the cash box of his register and the box was counted by the trustees each Monday evening. On several occasions the cash box was short and the claimant was required to make up the difference from his wages. On May 7, 1979 the claimant received his paycheck with ten dollars deducted because, as he was told, his cash box had been short ten dollars. Mr. Urista then quit his job and applied for unemployment compensation benefits. The Office of Employment Security (OES) denied him benefits under Section 402(b)(1) of the Unemployment Compensation Law, Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. §802(b)(l) for voluntarily leaving work without cause of a necessitous and compelling nature. On appeal the referee affirmed the OES’s determination. The referee,
Urista contends that he had a cause of necessitous and compelling nature for quitting his job because he was required to make up any shortages in the cash box of his register out of his own pocket despite the fact that the three Eagles trustees also had a key or keys to his box. The referee found on substantial evidence that Urista was privileged to be present when his cash box was counted at a stated time each week and that he could have asked for a recount of the money. The evidence further shows that Urista could have had his own key to the box which would secure it until the money was counted. Urista chose not to avail himself of this, or the other means mentioned, which might have avoided having to restore shortages not of his making. A careful reading of the record convinces us, as it did the referee, that Urista was simply dissatisfied with his employer’s method of operating the bar. Such dissatisfaction is, of course, not a cause of necessitous or compelling nature within the intendment of the statute. Eckenrod v. Unemployment Compensation Board of Review, 15 Pa. Commonwealth Ct. 166, 325 A.2d 320 (1974). We will therefore affirm the Board's order denying benefits.
As we have noted, the referee and the Board also concluded that Urista was ineligible because he limited
Order
And Now, this 13th day of February, 1981, Board’s decision denying benefits to George Urista is affirmed.