Gavin v. Unemployment Compensation Board of Review
Gavin v. Unemployment Compensation Board of Review
Opinion of the Court
Opinion by
This is an appeal by Eugene G. Gavin (Appellant) from a decision of the Unemployment Compensation Board of Review (Board) which held him ineligible for benefits under several sections of the Unemployment Compensation Law
Appellant was employed as a superintendent of the claims department of the United States Fidelity and Guaranty Company in Scranton, Pennsylvania. At the time of his separation he was paid a $300 per week salary. His last day of work was October 3, 1975.
In 1971, the City Council of the City of Scranton passed a ten-dollar annual Per .Capita Tax. In 1972, the Council passed an ordinance establishing a “Household Service Fee.” Both ordinances were passed pursuant to authority granted in The Local Tax Enabling Act.
In his appeal, Gavin asserts that the Board erred in (1) concluding that he acted without cause of a compelling and necessitous nature when he quit his employment, and (2) concluding that his “severance pay” was “remuneration” within the meaning of Section 4(u)(I)(ii) of the Act. We do not reach the second issue, for we conclude that the Board correctly determined that Appellant voluntarily left his employment without cause of a necessitous and compelling nature and was thus ineligible for benefits under Section 402(b) (1).
Appellant has quite frankly admitted, both before the referee and in his brief to this Court, that his
Quite simply, Appellant has chosen the path of civil disobedience iii his dispute with the City of Scranton. He quit his job because his employer would not join him on that path by refusing to deduct the delinquent taxes from Appellant’s salary. His employer displayed the utmost concern for Appellant’s position by consulting legal counsel and the taxing authorities before it went ahead with the payroll deductions. Appellant had no right to expect his employer to violate the law on his behalf. No fault can be attributed to the employer for Appellant’s resignation.
Unlike the Board in its brief to this Court, we will not characterize Appellant’s decision to sacrifice a $15,600 per year job over $38 as unreasonable. Both civil disobedience and the making of great sacrifice over sacredly-held principle stand tall in the annals of history in such personages as Socrates, Gandhi, and the fathers of our own American Revolution. I't is inconceivable, however, that our Legislature intended to subsidize such a course of action through unemployment compensation. There are various ways for the citizen to seek change in laws which he considers unjust: the vote, the legislative lobby, a
Finally, Appellant has attempted to raise the spectre of due process by challenging the fairness of the proceedings before the compensation authorities. We have carefully examined the record and conclude that this challenge is without merit. Appellant was given a full opportunity to explain his position. All lines of inquiry relevant to his compensation claim were explored at the hearing, including the taking of testimony and documentary evidence with regard to Appellant’s dispute with the taxing authorities insofar as it was relevant to his reasons for resigning. We hasten to note that the compensation authorities quite properly realized that the proceedings before them did not constitute the proper forum for the expression of any view on the validity of the taxes or collection procedures. We affirm.
Order
And Now, this 25th day of April, 1977, the Order of the Unemployment Compensation Board of Review, dated
Act of December 5, 1936, Second Ex. Sess., P.L. 1937 (2897), as amended, 43 P.S. §761 et seq.
43 P.S. §801.
43 P.S. §753 (u).
43 P.S. §802(b) (1).
Act of December 31, 1965, P.L. 1257, as amended, 53 P.S. §6901 et seq.
See Section 10 of The Local Tax Enabling Act, 53 P.S. §6910.
53 P.S. §6919.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.