PECO Energy Co. v. Unemployment Compensation Board of Review

682 A.2d 40, 1996 Pa. Commw. LEXIS 339
Commonwealth Court of Pennsylvania·Decided August 16, 1996·Published·Cited by 8 cases

Opinion

LEADBETTER, Judge.

PECO Energy Company (PECO) petitions for review of the Orders of the Unemployment Compensation. Board of Review which, [43]*43in six cases1, affirmed referees’ decisions granting benefits under the Unemployment Compensation Law,2 and, in a seventh case3, reversed a referee’s decision denying benefits. These petitions were consolidated for argument.4

These cases arise as a part of a program of reorganization and downsizing by PECO, pursuant to which PECO offered its employees the option of selecting a voluntary separation plan with enhanced severance benefits or an enhanced early retirement plan.5 These plans were announced by PECO in mid-April 1994. All employees were given an election form to be completed between July 5, 1994 and September 16, 1994, pursuant to which they were to select one of three options: 1) the voluntary separation plan; 2) the early retirement plan; or 3) to remain employed with PECO. The form also specifically provided that after it was submitted, an employee would be given a seven (7) day period in which to revoke his or her election and that, after this seven day period passed, no change of election would be permitted.6

These seven claimants all elected to accept either the early retirement plan or the voluntary separation plan. None exercised his right to revoke his selection within seven days, and each was assigned a final release date of December 30, 1994. The Board concluded that prior to December 30, however, each of the claimants made some attempt to revoke the decision to accept the early retirement or voluntary separation plans or to postpone the final release date. When these efforts proved unsuccessful, the claimants all applied for and were granted unemployment compensation benefits. With respect to each individual claimant, the Unemployment Compensation Board of Review made the following relevant findings of fact:

Claimant Thomas

Claimant Thomas was a claims adjuster in PECO’s legal department. On September 16, 1994, Thomas elected to take the voluntary separation plan based upon his belief that his department would be either downsized or outsourced. On December 2, 1994, Thomas learned that the legal department would be neither downsized nor outsourced and that PECO would be hiring replacements to take the place of those in the department who had elected to take the voluntary separation or early retirement plans. Thereafter, before his position was either filled or posted, Thomas attempted to withdraw his resignation. PECO refused.

Claimant Mattioni

Claimant Mattioni was an estimator/designer in PECO’s electric operations department. On August 11, 1994, Mattioni elected to take the early retirement plan because he felt that his job was in jeopardy. Approximately three weeks later, before the September 16 election cut-off, Mattioni went to his supervisor and asked if he could revoke his election. He was informed that, because he did not act within the seven day period following his election, he would not be permitted to revoke his acceptance of the early retirement plan. Had Mattioni not elected to accept early retirement, he could have continued to work for PECO.

[44]*44 Claimant Suarez

Claimant Suarez was employed by PECO as a maintenance electrician in its Oregon shops division. Suarez accepted the voluntary separation plan on September 13, 1994. He accepted the plan because the company was going through major changes and he was unsure of his future job security. About two weeks prior to his release date in December of 1994, Suarez approached the manager of his division and asked to revoke his resignation. He was informed that he could not do so because it might encourage other employees to revoke their resignations.

Claimant Stahl

Claimant Stahl worked for PECO as an operations foreman. He accepted the early retirement plan on September 14, 1994 because he didn’t know if he was going to have a job in the future. In late September 1994, however, Stahl heard that an unexpectedly high number of employees had accepted the early retirement or voluntary separation packages offered by PECO.7 Upon learning of this, Stahl attempted to revoke his resignation by volunteering to remain employed as long as PECO wanted him to stay.

Claimant Barclift

Claimant Barclift was employed by PECO as a senior customer service representative in the customer operations department. On August 25, 1994, Barclift elected to accept the early retirement plan after he failed a test which was required to remain employed in his department.8 Subsequently, Barclift was approached by PECO in November 1994 and asked to extend his employment with the company for nine months until September 30, 1995. Barclift agreed, but in December 1994, PECO rescinded the extension and informed Barclift that he would have to terminate employment on his original release date of December 30,1994.

Claimant Carter-King

Claimant Carter-King was employed by PECO as a customer service representative. When she was informed on July 5,1994, that she would be required to take a test in order to maintain her position, Carter-King elected to accept the early retirement plan because she feared that she might lose her job if she did not do well on the test. On November 1, 1994, PECO approached Carter-King and asked her to extend her retirement date until September 30, 1995. Carter-King agreed to the extension, but, on December 8, 1994, PECO informed her that it was revoking the offer of extended employment and requiring her to retire on her original release date of December 30,1994.

Claimant Rath

Claimant Rath was employed by PECO as a first level supervisor at its Eddystone Generating Station. On June 17, 1994, he wrote a memo to the manager of the Eddystone Generating Station requesting a six month extension if he elected to retire early. This memo read as follows:

On December 31, 1994 qualified people who chose to retire will spend their last day at Eddystone. They will have elected back in August to retire. Although, at this time I have not made my choice, I would like to offer my services beyond 12/31/94 until 6/30/95. This six months would be a big help not only for me, but in assisting during the transition period. I could help with the craft and supervision, coming up through the ranks, and knowing both views on all issues. Being a ‘people person’, I feel I could be of great value. I have many ideas which I would share as I have in the past. Although I didn’t get credit for these ideas, they have been implemented by others for the betterment of Eddy-stone. This was their original purpose. I realize that by extending my retirement date, if I choose to retire, by six months may not be in keeping with Vision Quest, I still felt compelled to offer.
I hope to hear from you in the immediate future.

(R.933a). Prior to getting a response from PECO, Rath submitted his election form and [45]*45accepted the early retirement plan. He was given a release date of December 30, 1994. Later, PECO sent a memo to Rath thanking him for his offer, but stating that it did not need him to remain beyond his release date.

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PECO Energy Co. v. Unemployment Compensation Board of Review, 682 A.2d 40, 1996 Pa. Commw. LEXIS 339 (Pa. Ct. App. 1996).

682 A.2d 40 (PECO Energy Co. v. Unemployment Compensation Board of Review) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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