Opinion
April 7, 1983.
Unemployment compensation — Voluntary retirement — Request for only occasional work.
1. An employe who voluntarily retires and is available only for occasional work is not unemployed through no fault of his own or for a cause of necessitous and compelling nature and is ineligible for unemployment compensation benefits. [312]
Submitted on briefs February 2, 1983, to President Judge CRUMLISH, JR. and Judges MacPHAIL and DOYLE, sitting as a panel of three.
Appeal, No. 1036 C.D. 1981, from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of John Matty, No. 193935.
Application with the Office of Employment Security for unemployment compensation benefits. Application denied. Applicant appealed to the Unemployment Compensation Board of Review. Denial affirmed. Applicant appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed.
George R. Price, Jr., for petitioner.
James K. Bradley, Associate Counsel, with him Richard L. Cole, Jr., Chief Counsel, for respondent.
John Matty (Claimant) has filed this Petition for Review from a decision of the Unemployment Compensation Board of Review (Board) finding Claimant ineligible for benefits in view of its determination that his unemployment was due to voluntarily leaving work without cause of a necessitous and compelling nature. Section 402(b) of the Unemployment Compensation Law, Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P. S. § 802(b). We affirm.
Claimant worked as a laborer for George Logue, Inc. (Employer). On July 21, 1980, Claimant notified Employer that he was retiring "on Social Security" and was willing to work part-time occasionally when needed to help out Employer. The Board found, based on substantial evidence, that Claimant had been offered continuing full-time work by Employer after July 21, but that Claimant had refused such offers. Claimant did work for Employer on an irregular basis until September 20, 1980. Employer's personnel director testified that he considered Claimant to be "an on call temporary part-time employee."
Claimant was 62 years old.
While conflicting evidence on these matters was received, the resolution of such conflicts is for the Board to determine. Grzech v. Unemployment Compensation Board of Review, 56 Pa. Commw. 9, 16, 423 A.2d 1364, 1368 (1981).
The fundamental purpose of the Unemployment Compensation Law is to compensate individuals who are unemployed through no fault of their own. Barillaro v. Unemployment Compensation Board of Review, 36 Pa. Commw. 325, 387 A.2d 1324 (1978). In this case, Claimant could have continued in full-time employment, but it was his voluntary action in retiring and requesting only occasional work that caused his unemployment. Since voluntary retirement is not cause of a necessitous and compelling nature justifying Claimant's reduction of his availability for employment, Adamski v. Unemployment Compensation Board of Review, 64 Pa. Commw. 639, 441 A.2d 502 (1982), we must agree with the Board that Claimant's actions were disqualifying conduct. See Fenk v. Unemployment Compensation Board of Review, 45 Pa. Commw. 213, 405 A.2d 590 (1979); Spong v. Unemployment Compensation Board of Review, 44 Pa. Commw. 560, 404 A.2d 444 (1979).
Claimant contends that the fact of an ongoing employer-employee relationship precludes the application of Section 402(b). Such a contention is clearly erroneous. For example an employee on voluntary leave of absence maintains his employment relationship, yet may be ineligible under Section 402(b). Cf. Crumbling v. Unemployment Compensation Board of Review, 14 Pa. Commw. 546, 322 A.2d 746 (1974) (ineligibility under now repealed Section 402(b)(2)).
ORDER
The order of the Unemployment Compensation Board of Review, Decision No. B-193935, dated March 31, 1981, is hereby affirmed.