ALLEGHENY VALLEY SCHOOL, : No. 19 Western District
: Appeal Docket 1996
Appellant, :
: Appeal from the Order of
v. : the Commonwealth Court
: entered on October 26, 1995
PENNSYLVANIA UNEMPLOYMENT : at No. 0865 C.D. 95 affirming
COMPENSATION BOARD OF REVIEW, : the order of the Unemployment
DARRELL CALLWOOD, Intervenor : Compensation Board of Review
: entered on March 30, 1995 at
Appellees : No. B-335071
:
: 666 A.2d 1144 (1995)
:
: ARGUED: September 16, 1996
MR. JUSTICE NIGRO DECIDED: JUNE 18, 1997
I would affirm the Commonwealth Court's decision based
upon Old Forge Bank v. Unemployment Compensation Bd. of Review, __
Pa. Commw. __, 666 A.2d 761 (1995). I join in Mr. Justice Cappy's
dissenting opinion with the exception of his statements that a
necessitous and compelling reason to voluntarily leave employment
requires "the most drastic circumstances." To the contrary, a
necessitous and compelling reason to leave "results from
circumstances which produce pressure to terminate employment that
is both real and substantial, and which would compel a reasonable
person under the circumstances to act in the same manner." Taylor
v. Unemployment Compensation Bd. of Review, 474 Pa. 351, 358-59,
378 A.2d 829, 832-33 (1977); Old Forge, __ Pa. Commw. at __, 666
A.2d at 764.