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ALEXANDER UNEMPLOYMENT COMPENSATION CASE. STEERE'S DAIRY v. UNEMPLOYMENT COMPENSATION BOARD REVIEW. (12/17/59)

December 17, 1959

ALEXANDER UNEMPLOYMENT COMPENSATION CASE. STEERE'S DAIRY, INC., APPELLANT,
v.
UNEMPLOYMENT COMPENSATION BOARD OF REVIEW.



Appeal, No. 210, April T., 1959, by employer, from decision of Unemployment Compensation Board of Review, No. B-48997-B, in re claim of Aurela Alexander. Appeal dismissed.

COUNSEL

Yolanda G. Barco, with her George J. Barco, and Barco and Barco, for appellant.

Sydney Reuben, Assistant Attorney General, with him Anne X. Alpern, Attorney General, for appellee.

Before Hirt, Gunther, Wright, Woodside, Ervin, and Watkins, JJ. (rhodes, P.j., absent).

Author: Wright

[ 191 Pa. Super. Page 301]

OPINION BY WRIGHT, J.

Aurelia Alexander was employed as a bookkeeper by Steere's Dairy, Inc., of Meadville, Pennsylvania.

[ 191 Pa. Super. Page 302]

Her last day of work was April 25, 1958, on which date she was discharged by her employer for alleged wilful misconduct connected with her work. See Section 402(e) of the Unemployment Compensation Law of December 5, 1936, P.L. (1937) 2897, 43 P.S. 802(e). The Board of Review held that claimant qualified for benefits, and the employer appealed.

We are here concerned with a motion to dismiss the appeal on the ground that it was not filed in time. Since this motion must be granted, it will not be necessary to consider the merits. The original decision of the board was filed on September 30, 1958. However, the employer made a timely request for rehearing and, on October 27, 1958, the board vacated its decision of September 30, 1958, and reopened the case. On August 13, 1959, the board filed a supplemental order reinstating and reaffirming its prior decision. The employer did not appeal to this court until September 23, 1959.

Section 509 of the Unemployment Compensation Law (43 P.S. 829) provides in pertinent part as follows: "Any decision made by the department or any referee or the board shall become final ten days after the date thereof... but any decision of the board... shall nevertheless be subject to appeal to the Superior Court after the same has become final". Section 510 of the statute (43 P.S. 830) further provides in pertinent part as follows: "... Every appeal to the Superior Court must be taken within thirty days after the decision of the referee or board becomes final".

The record discloses that the tenth day after August 13, 1959, was Sunday, August 23, 1959, which circumstance gives rise to the question involved in the instant case. Appellant contends that the board's decision did not become final until August 24, 1959, and that the thirty-day period for filing ...


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