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MAJORIS UNEMPLOYMENT COMPENSATION CASE. (06/15/60)

June 15, 1960

MAJORIS UNEMPLOYMENT COMPENSATION CASE.


Appeal, No. 17, April T., 1960, by claimant, from decision of Unemployment Compensation Board of Review, No. B-53241, in re claim of Joseph E. Majoris, Jr. Decision affirmed.

COUNSEL

Thomas J. Kalman, and Kalman and Votilla, for appellant, submitted a brief.

Sydney Reuben, Assistant Attorney General, with him Anne X. Alpern, Attorney General, for Unemployment Compensation Board of Review, appellee.

Before Rhodes, P.j., Gunther, Wright, Woodside, Ervin, Watkins, and Montgomery, JJ.

Author: Gunther

[ 192 Pa. Super. Page 269]

OPINION BY GUNTHER, J.

Claimant, Joseph E. Majoris, Jr., has appealed from the decision of the Board of Review which denied unemployment compensation benefits because he has

[ 192 Pa. Super. Page 270]

    not met the requirements of section 401(d) of the Unemployment Compensation Law, 43 P.S. section 801(d).

Claimant was last employed for a brief period by Vantine's Cleaners of Monongahela, Pennsylvania, as a truck driver at a weekly salary of ten dollars per week plus commissions. On January 7, 1955, he had a valid separation from his employment, and on January 31, 1955, claimant entered the military service of the United States where he served until January 30, 1959. On January 31, 1959, he received his honorable discharge, and while on terminal leave, he filed his application for unemployment compensation on February 3, 1959. He filed a waiting week claim for the week ending February 26, 1959 and a continued claim for the week ending April 23, 1959.

On April 17, 1959, claimant enrolled as a student at the Uniontown Technician Training School for an electrical course, and he attended school from 8:00 A.M. to 2:00 P.M. five days a week. Upon learning this, the Bureau of Employment Security disallowed claimant's application for benefits. This action was affirmed by the Referee and the Board of Review.

Section 401(d) of the Unemployment Compensation Law requires, as a condition for securing compensation, that a claimant be able to work and be available for suitable work. While claimant indicated that he was willing to shift his day classes to evening classes had work been offered to work the regular day shift hours, a willingness to be employed conditionally does not meet the test of availability. The determination of availability is largely a question of fact for the Board. Pinto Unemployment Compensation Case, 168 Pa. Superior Ct. 540, 79 A.2d 802; Stratton Unemployment ...


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