Woman wins jobless dispute
A Claysville woman is entitled to unemployment compensation after she quit her part-time job that was relocated and resulted in an increased commute of more than 40 miles, according to a Commonwealth Court ruling.
The panel of three judges in a Jan. 6 ruling found that RoseMarie Cosgray, a part-time warehouse foreman at Intermediate Unit 1 that provides educational services to schools in Washington, Fayette and Greene counties, took “reasonable steps to resolve transportation problems to no avail” before she resigned on Sept. 4, 2014, according to the court decision.
IU1 last year appealed an Unemployment Compensation Board of Review decision granting Cosgray unemployment benefits.
Cosgray, who earned $20.60 an hour working 24 hours a week in her position that she worked in since 2007, was told in August 2014 that her job was being moved from Washington County to Fayette County because IU1 officials wanted the Science Matters program in a more central location to service 25 school districts.
Cosgray’s commute increased from 12 miles to 33 miles one way, according to the court paperwork.
“She asked if she could work less days and the same number of hours,” Russell Gerney, Cosgray’s attorney, said Monday. “Carpooling was not an option. No one else lived close enough where it made sense.”
Gerney said public transportation also was not an option.
Officials with IU1 did not return messages seeking comment.
In the court ruling, IU1 officials indicated that the transportation issue was not the real reason Cosgray disapproved of the job transfer. They contended Cosgray’s real reason for not wanting to move was that “she did not want to work in a building with juvenile delinquents.”
The Grindstone location provides both alternative and special education programs for students.
Gerney said Cosgray does not recall making the alleged statement.
“At the administrative hearing, none of her supervisors could say what she said,” Gerney said.
Cosgray was determined to be eligible for unemployment on Sept. 23, 2014, Gerney said. IU1 appealed to Commonwealth Court after both a referee and the Unemployment Board of Appeals ruled in Cosgray’s favor.
Gerney said Cosgray received unemployment benefits throughout the case “as long as she was winning.”
Gerney did not know how much unemployment compensation Cosgray received. She could not be reached for comment.
Gerney said his client is “very excited, very pleased” with the Commonwealth Court decision.
Gerney said IU1 can appeal the Commonwealth Court decision to the Pennsylvania Supreme Court. Gerney said the higher court is not required to hear an appeal.