Weaver v. Commonwealth, Unemployment Compensation Board of Review

Dissenting Opinion by

Judge Craig:

I respectfully dissent because claimant’s union office resignation merely relegated him to his actual seniority. The employer’s lack of work was the basic cause of the layoff.

In Labor and Industry Department v. Unemployment Compensation Board of Review, 133 Pa. Superior Ct. 518, 521, 3 A.2d 211, 213 (1938), cited with approval in Hammerstone v. Unemployment Compensation Board of Review, 32 Pa. Commonwealth Ct. 256, 378 A.2d 1040 (1977), the court stated:

*140[t]he phrase ‘voluntarily leaving work’ in Section 402(b)(1) means that ‘he left of his own motion; he was…