Appeal, No. 121, April T., 1961, by claimant, from decision of Unemployment Compensation Board of Review, No. B-59332, in re claim of Francis R. Barila. Decision affirmed.
Emil W. Herman, with him Rothman, Gordon and Foreman, for appellant.
Sydney Reuben, Assistant Attorney General, with him Anne X. Alpern, Attorney General, for Unemployment Compensation Board of Review, appellee.
Before Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ. (rhodes, P.j., absent).
[ 195 Pa. Super. Page 286]
This is an unemployment compensation case in which the Bureau of Employment Security held the claimant to be ineligible for benefits under the provisions of § 404 of the Unemployment Compensation Law, 43 P S § 804, on the ground that he had insufficient earnings in his base year.
The Bureau deleted all earnings of the claimant, while he was a full-time student, earned in temporary employment during periods of vacation. The referee,
[ 195 Pa. Super. Page 287]
on appeal, reversed the bureau and restored the deleted wages to the base year. The Unemployment Compensation Board of Review, on appeal, reversed the decision of the referee, deleted the questionable earnings and denied benefits.
This decision was vacated by the board itself and the case reopened, argued, and entire record reviewed by the board en banc, after which the referee's decision was reversed and the claimant denied benefits.
The claimant, Francis R. Barila, was last employed as a millwright helper by the Pittsburgh Plate Glass Company, Creighton, Pennsylvania, on March 13, 1960. He had been so employed intermittently for approximately ten years. He applied for a leave of absence to attend college under the provisions of the GI bill of rights. He was enrolled as a full-time day student at Duquesne University and attended that college from February, 1956 to January 28, 1960. He had temporary employment with the Pittsburgh Plate Glass Company from June 1, 1958, to September 22, 1958 and from June 3, 1959 to September 22, 1959. These periods of employment were during college vacations.
An examination of § 401 of the Unemployment Compensation Law, 43 PS § 801 and § 404 of the Unemployment Compensation Law, 43 P S § 804, and the application of the benefit and wage formulae therein set forth, clearly demonstrates that whether this claimant is entitled to ...