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Manfre v. Board of Review

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


June 26, 2007

LORETTA MANFRE, APPELLANT,
v.
BOARD OF REVIEW, DEPARTMENT OF LABOR, AND MURPHY BUS CO., RESPONDENT.

On appeal from the Board of Review, Department of Labor, 111,148.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted June 12, 2007

Before Judges Stern and Coburn.

The Board of Review issued a final administrative decision on July 11, 2006, rejecting Loretta Manfre's claim for unemployment compensation. She appeals, arguing that the decision was contrary to the evidence and arbitrary.

After considering the record and briefs, we are satisfied that the Board's decision is supported by sufficient credible evidence on the record as a whole, R. 2:11-3(e)(1)(D), and that the arguments raised by Manfre are without sufficient merit to warrant discussion in a written opinion, R. 2:11-3(e)(1)(E).

Nonetheless, we add the following comments.

In essence, Manfre resigned when her pay was cut from $10 per hour to $9.50 per hour. The Board found that Manfre believed the pay cut was done in retaliation for her voicing of concerns about an autistic child on her bus route. In fact, the reduction was based on her being switched from wheelchair to non-wheelchair runs, as testified to by her supervisor. The Board found that the resignation was voluntary and without good cause attributable to the work. See N.J.S.A. 43:21-5(a); Self v. Board of Review, 91 N.J. 453, 457 (1982). Since the Board's determination is supported by substantial credible evidence, we are obliged to affirm. See Barry v. Arrow Pontiac, Inc., 100 N.J. 57, 71 (1985).

Affirmed.

20070626

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