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Floyd R. Pitt v. Board of Review

August 1, 2011

FLOYD R. PITT, APPELLANT,
v.
BOARD OF REVIEW, DEPARTMENT OF LABOR, AND U.S. POSTAL SERVICE, RESPONDENTS.



On appeal from the Board of Review, Department of Labor and Workforce Development, Docket No. 262,196.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted July 26, 2011

Before Judges Sabatino and C.L. Miniman.

Floyd R. Pitt appeals from final agency action of the Board of Review, Department of Labor and Workforce Development, denying his application for unemployment benefits following the termination of his employment by the United States Postal Service. Because there was substantial credible evidence in the record to support the denial of benefits, and the Board's decision was not arbitrary, capricious, or unreasonable, we affirm.

Pitt was employed by the United States Postal Service as a mail handler from July 7, 1990, through October 31, 2009. Early in September 2009, he accepted a $15,000 incentive package to voluntarily terminate his employment. This incentive package was offered because the Postal Service had excess workforce. Pitt applied for unemployment benefits and was denied on the ground that he had left work voluntarily without good cause attributable to the work.

Pitt appealed the denial of benefits, and a hearing was conducted by the Appeal Tribunal on February 23, 2010. At that time, Pitt testified that he stopped working for the Postal Service:

Because we had an incentive for a package to leave the Post Office because [the] work load was getting . . . low. And they've been trying this for like three years. So I've been there for like seven years and there [sic] was offering a nice package to leave and I wanted it[.] I was waiting for a nice package to leave so I get a job you know closer to home. Because I was driving like two hours like an hour and

[a] half to get to work and sometimes it took me three hours to get home with the traffic. And you know dealing with my health condition . . . interfered with . . . my health and all that. You know . . . the work stress and I just wanted a closer job to home. You know just to start over.

Cause I didn't wan[t] to get stuck at the Post Office and its going . . . under like they was [sic] telling me it [was] going to do and then I'm too old to find another career. So I figured I could take another career now.

He admitted that his employer told him that with the union contract he could not be laid off, although if he could be, the Postal Service would do that. Instead, they were switching employees around, although they did lay off a few clerks. Pitt emphatically denied that he could be laid off, although his shift could be changed. "They was [sic] offering me another shift which I really didn't want to go on which was the night shift. So I was scared of that."

Pitt also explained that he had moved from Newark to Trenton five years earlier and the commute had become difficult and expensive. He denied that the job was stressful, although management could be stressful. His doctor had never put him on any type of light duty, although his health was compromised.

Pitt admitted that, even if a package had not been offered to him, "I would have left any way [be]cause I was looking for a job down [in Trenton]," although he was thinking about waiting for a package. He again admitted that, had he not accepted the package, work was available for him and that his employer was not going to lay him off if he did not accept the package. After admitting that he was still able to perform the work, Pitt made a final statement that he knew he left work because of the incentive package but still felt that, with his military history and his need for a little money now, he should be entitled to unemployment benefits.

The Appeal Tribunal found that Pitt was last employed on October 31, 2009. The appeals examiner also found that Pitt had moved five years earlier, the commute was too great, he was denied a transfer to Trenton, he was having trouble with his health, and he had notified his employer about his medical condition. Further, the appeals examiner found that work was not aggravating his health condition and he was still able to perform his job duties. Additionally, there was no evidence that Pitt was going to be laid off imminently. Thus, the appeals examiner concluded that Pitt "voluntarily chose to accept the [severance] ...


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