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ALEXANDER UNEMPLOYMENT COMPENSATION CASE. STEERE'S DAIRY v. UNEMPLOYMENT COMPENSATION BOARD REVIEW. (04/04/60)

April 4, 1960

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



Appeal, No. 184, March T., 1960, from order of Superior Court, April T., 1959, No. 210, quashing the employer's appeal from the decision of Unemployment Compensation Board of Review, No. B-48997, in re claim of Aurela Alexander. Order vacated and record remanded. Same case in Superior Court: 191 Pa. Super. Ct. 301.

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 Unemployment Compensation Board of Review, appellee.

Before Jones, C.j., Bell, Musmanno, Jones, Cohen, Bok and Eagen, JJ.

Author: Jones

[ 398 Pa. Page 552]

OPINION BY MR. CHIEF JUSTICE JONES

The Superior Court quashed the appeal in this case on the ground that it had been taken a day too late. The subject matter is an award of unemployment compensation made by the Board of Review to a discharged employee of the plaintiff company. We granted an allocatur not only to correct what we deem to be error in the Superior Court's ascertainment of the date from which the time for appeal is to be reckoned but, more especially, to obviate any misinterpretation as to the scope of a pertinent legislative enactment relative to the computation of time statutorily prescribed.

Section 509 of the Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897, 43 PS § 829, provides, in presently material part, that "Any decision made by the ... board shall become final ten days after the date thereof ... [and that] 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 Act requires that

[ 398 Pa. Page 553]

"Every appeal to the Superior Court must be taken within thirty days after the decision of the ... board becomes final." (Emphasis supplied).

The award appealed from in the present instance was entered by the Board on August 13, 1959, to become final ten days thereafter, as statutorily limited. August 23, 1959, was, however, a Sunday. The question here involved is whether the terminal day of the ten-day period, being Sunday, is to be included or excluded in determining the timeliness of the appeal from the award.

The Superior Court, relying on the provisions of the Act of June 20, 1883, P.L. 136, § 1, 76 PS § 172, concluded that, since "the performance or doing of any act ... or thing ..." was not "ordered and directed" to be done in order to make the award final, the terminal Sunday of the ten-day period was not to be excluded and that, therefore, the award became final on August 23, 1959. Consequently, as the Superior Court reasoned, the thirty-day period for an appeal expired on September 22, 1959, and the appeal, not having been taken until September 23, 1959, was automatically out of time by a day.

We think that the applicable statutory provision for determining the date of the award's finality is Section 38 of the Statutory Construction Act of May 28, 1937, P.L. 1019, Art. III, 46 PS § 538, which provides that "When any period of time is referred to in any law, such period in all cases ... shall be so computed as to exclude the first and include the last day of such period. Whenever the last day of any such period shall fall on Sunday ... such day shall be omitted from the computation." (Emphasis supplied). Language could hardly be ...


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