Appeal, No. 200, April T., 1954, by claimant, from decision of Unemployment Compensation Board of Review, appeal No. B-4-H-443, decision No. B-36397, in re claim of John P. Santus. Decision affirmed.
S. Harold Grossman, Tarentum, for appellant.
William L. Hammond, Special Deputy Attorney General, with him Frank F. Truscott, Attorney General, for appellee.
Robert E. Harris, with him John C. Griffin, Pittsburgh, for intervenor, appellee.
Before Rhodes, P. J., Hirt, Ross, Wright, Woodside and Ervin, JJ. (gunther, J., absent).
[ 177 Pa. Super. Page 497]
John P. Santus has appealed from a decision of the Unemployment Compensation Board of Review
[ 177 Pa. Super. Page 498]
denying benefits.*fn1 Santus was employed by the Fretz-Moon Tube Company in East Butler. The policy of the Company, agreed to by the employes, was to provide a vacation period from April 1 to June 30 of each year. Employes taking any portion of their vacation during that period collected their entire vacation pay at the time. Those employes who did not elect to take a vacation during said period received their entire vacation pay on the last pay day of June. Santus was entitled to three weeks vacation pay. On May 8, 1953, he requested and was granted a one week vacation. At that time he received the entire vacation pay to which he was entitled. On June 19, 1953, the Company paid vacation allowances to all employes who had not requested or taken a vacation prior to that date. On July 23, 1953, claimant and his fellow employes were laid off due to a lack of work. The Board of Review disallowed benefits for the week ending July 30, 1953, upon the basis of Regulation 108(b),*fn2 which provides that vacation pay shall be allocated to the first period of otherwise compensable unemployment occurring within ninety days following such payment.
Regulation 108(b) was adopted by the Department pursuant to the authority granted in Section 4(u) of the Unemployment Compensation Law, Act of December 5, 1936, P. L. (1937) 2897, as amended, 43 PS § 753(u). This section reads as follows: "'Unemployed' - An individual shall be deemed unemployed (I) with
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respect to any week (i) during which he performs no services for which remuneration is paid or payable to him and (ii) with respect to which no remuneration is paid or payable to him... Provided, That for the purposes of this subsection, (i) vacation pay and similar payments, whether or not legally required to be paid, and (ii) wages in lieu of notice, separation allowances, dismissal wages and similar payments, which are legally required to be paid, shall be deemed remuneration paid or payable with respect to such period as shall be determined by rules and regulations of the department (italics ...