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UNEMPLOYMENT COMPENSATION BOARD REVIEW COMMONWEALTH PENNSYLVANIA v. PAULETTE A. SIENE (05/10/76)

decided: May 10, 1976.

UNEMPLOYMENT COMPENSATION BOARD OF REVIEW OF THE COMMONWEALTH OF PENNSYLVANIA
v.
PAULETTE A. SIENE, APPELLANT



Appeal from the Order of the Unemployment Compensation Board of Review, in case of In Re: Claim of Paulette A. Siene, No. B-126743.

COUNSEL

Lawrence H. Sindaco, for appellant.

Charles G. Hasson, Assistant Attorney General, with him Sydney Reuben, Assistant Attorney General, and Robert P. Kane, Attorney General, for appellee.

Judges Crumlish, Jr., Kramer and Rogers, sitting as a panel of three. Opinion by Judge Kramer.

Author: Kramer

[ 24 Pa. Commw. Page 431]

This is an appeal by Paulette A. Siene from a decision of the Unemployment Compensation Board of Review, which denied her claim for benefits. The issue in this case is whether Siene is a full-time student working her way through college or a full-time worker attempting to continue her education. We hold that she is the latter, and reverse.

Siene was employed for one and one-half years as an assembly tester by the Radio Corporation of America (RCA). Siene worked the 4:00 P.M. to 12:30 A.M. shift

[ 24 Pa. Commw. Page 432]

    at RCA, and, while employed at RCA, she attended school at Kings College, Wilkes-Barre, Pennsylvania as a full-time day student. Siene was laid off by RCA because of lack of work in January of 1975. In January of 1975, prior to being laid off, Siene became a full-time student at Mansfield State College. Siene applied for benefits, but the Bureau of Employment Security, the referee and the Board denied benefits on the basis that Siene is a full-time student, and, therefore, not available for work.*fn1

Siene was not represented by counsel before the referee, and the very short transcript of testimony in this case consists solely of questions asked Siene by the referee. The relevant portions of Siene's testimony are as follows:

"Q. And, you are going to return to Mansfield [State College] in September?

A. Well, I really don't know, it depends if I could get the money to go back.

"Q. If this office found you a full time job, daylight hours, ...


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