Harne Unemployment Compensation Case

Superior Court of Pennsylvania

Harne Unemployment Compensation Case

149 A.2d 139, 188 Pa. Super. 525, 1959 Pa. Super. LEXIS 580

CourtSuperior Court of Pennsylvania

DecidedMarch 18, 1959

DocketAppeal, No. 10

StatusPublished

Cited by2 cases

This text of 149 A.2d 139 (Harne Unemployment Compensation Case) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Harne Unemployment Compensation Case, 149 A.2d 139, 188 Pa. Super. 525, 1959 Pa. Super. LEXIS 580 (Pa. Ct. App. 1959).

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Opinion

Opinion by

Ervin, J.,

The claim of John Floyd Harne for unemployment compensation was denied by the bureau. The referee reversed the bureau’s decision and allowed benefits. The Board of Review reversed the decision of the referee and determined that the claimant was ineligible to receive benefits under the provisions of §402(b) of the Act of 1936, P. L. [1937] 2897, 43 PS §802(b). Claimant has appealed.

Claimant was employed as a car polisher. He testified that he received 45 per cent of $11.50, being $10.00 for the wax job, $1.00 for the wash job and $.50 for white sidewall tires. With the introduction of the [526]*5261958 models in October 1957, tbe employer decided to polish the cars instead of waxing them. This resulted in lowering the charge to $7.50 per car, of which the claimant received 45 per cent. The employer testified that it took less time to polish than to wax a car and that claimant would have been able to make about the same salary after the change as he had made before. The claimant voluntarily terminated his employment two days after the change because he believed that he would receive less money. Since the claimant admittedly terminated the employment relationship, the only question is whether he did so because of some “necessitous and compelling” cause: Drolles Unemployment Compensation Case, 181 Pa. Superior Ct. 575, 577, 124 A. 2d 159. Claimant had a right to quit work but it does not follow that the reduction in wages, if any, or the change in the nature of the work, under the circumstances present in this case, placed him in a position whereby he could resign with good cause and thus create a status of unemployment within the purview of the laAV.

The case is clearly ruled by many recent decisions of this Court, representative of which are McGuire v. Unemployment Compensation Board, 169 Pa. Superior Ct. 467, 82 A. 2d 324; Pusa Unemployment Compensation Case, 178 Pa. Superior Ct. 348, 115 A. 2d 791; and Mollo Unemployment Compensation Case, 186 Pa. Superior Ct. 86, 140 A. 2d 354.

Decision affirmed.

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Opinion by

Ervin, J.,

The claim of John Floyd Harne for unemployment compensation was denied by the bureau. The referee reversed the bureau’s decision and allowed benefits. The Board of Review reversed the decision of the referee and determined that the claimant was ineligible to receive benefits under the provisions of §402(b) of the Act of 1936, P. L. [1937] 2897, 43 PS §802(b). Claimant has appealed.

Claimant was employed as a car polisher. He testified that he received 45 per cent of $11.50, being $10.00 for the wax job, $1.00 for the wash job and $.50 for white sidewall tires. With the introduction of the [526]*5261958 models in October 1957, tbe employer decided to polish the cars instead of waxing them. This resulted in lowering the charge to $7.50 per car, of which the claimant received 45 per cent. The employer testified that it took less time to polish than to wax a car and that claimant would have been able to make about the same salary after the change as he had made before. The claimant voluntarily terminated his employment two days after the change because he believed that he would receive less money. Since the claimant admittedly terminated the employment relationship, the only question is whether he did so because of some “necessitous and compelling” cause: Drolles Unemployment Compensation Case, 181 Pa. Superior Ct. 575, 577, 124 A. 2d 159. Claimant had a right to quit work but it does not follow that the reduction in wages, if any, or the change in the nature of the work, under the circumstances present in this case, placed him in a position whereby he could resign with good cause and thus create a status of unemployment within the purview of the laAV.

The case is clearly ruled by many recent decisions of this Court, representative of which are McGuire v. Unemployment Compensation Board, 169 Pa. Superior Ct. 467, 82 A. 2d 324; Pusa Unemployment Compensation Case, 178 Pa. Superior Ct. 348, 115 A. 2d 791; and Mollo Unemployment Compensation Case, 186 Pa. Superior Ct. 86, 140 A. 2d 354.

Decision affirmed.

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149 A.2d 139, 188 Pa. Super. 525, 1959 Pa. Super. LEXIS 580, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harne-unemployment-compensation-case-pasuperct-1959.

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