Warden v. Commonwealth, Unemployment Compensation Board of Review

Opinion by

President Judge Crumlish, Jr.,

Reginald Warden was denied unemployment compensation benefits and assessed a fault overpayment by the Board. He appeals; we affirm.

Warden, a Yellow Freight driver, was put on layoff status in January 1980. Under the terms of the collective bargaining agreement, he had two recall options.1 One was the intermittent list, which would have resulted in his being called in the order of *185seniority for any available work.. In the other, he would be called only if the employer could guarantee a full week’s work. He exercised the latter option.

The referee…