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MYERS UNEMPLOYMENT COMPENSATION CASE. AMERICAN INSULATOR CORPORATION v. UNEMPLOYMENT COMPENSATION BOARD REVIEW. (06/11/58)

June 11, 1958

MYERS UNEMPLOYMENT COMPENSATION CASE. AMERICAN INSULATOR CORPORATION, APPELLANT,
v.
UNEMPLOYMENT COMPENSATION BOARD OF REVIEW.



Appeal, No. 26, March T., 1958, by employer, from decision of Unemployment Compensation Board of Review, March 5, 1957, No. B-40829-B, in re claim of Gordon B. Myers. Decision affirmed.

COUNSEL

John Y. Scott, for appellant.

Sydney Reuben, Assistant Attorney General, with him Thomas D. McBride, Attorney General, for appellee.

Before Rhodes, P.j., Wright, Woodside, Ervin, and Watkins, JJ. (hirt and Gunther, JJ., absent).

Author: Woodside

[ 186 Pa. Super. Page 229]

OPINION BY WOODSIDE, J.

This is an appeal by the employer from a decision of the Board of Review granting unemployment compensation to Gordon D. Myers, for the second week of a vacation period.

The claimant's average weekly wage was $66.40. The employer's plant was closed for vacation from July 4 through July 17, 1955, during which time the claimant did not work. Under the collective bargaining agreement the claimant received $68.78 vacation pay.

Myers claimed unemployment compensation for both weeks of the vacation period. The Bureau of Employment Security denied compensation for the first week of the vacation period but allowed it for the second week. The referee and the board affirmed. The unemployment compensation officials allocated $66.40 (claimant's average weekly wage) of his $68.78 vacation pay to the first week and $2.38 to the second week. Under this allocation the claimant received an amount less than his weekly benefit rate plus six dollars for the second week of the shutdown, and was allowed his claim for that week. (Section 4(u) of the Unemployment Compensation Law as amended, 43 PS ยง 753(u) provides: "An individual shall be deemed unemployed... with respect to any week of less than his full-time work if the remuneration paid or payable to him with respect to such week is less than his weekly benefit rate plus six dollars...")

We are here required to determine (1) whether the allocation of the claimant's vacation pay was properly

[ 186 Pa. Super. Page 230]

    made by the unemployment compensation authorities or (2) whether the claimant's vacation pay should have been allocated equally to each of the two weeks of the vacation period or (3) whether the receipt of any vacation pay under the collective bargaining agreement, which provided for the length of the vacation and the sum to be received for it, rendered the claimant ineligible.

In Mattey Unemployment Compensation Case, 164 Pa. Superior Ct. 36, 63 A.2d 429 (1949), this Court held that a claimant was not entitled to unemployment compensation during the vacation period provided for in a ...


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