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UNA CHARLENE LANGER v. COMMONWEALTH PENNSYLVANIA (10/30/79)

decided: October 30, 1979.

UNA CHARLENE LANGER, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Una Charlene Langer, No. B-154999.

COUNSEL

Richard J. Federowicz, for petitioner.

Michael D. Klein, Assistant Attorney General, with him Richard Wagner, Assistant Attorney General -- Chief Counsel, and Edward G. Biester, Jr., Attorney General, for respondent.

Judges Crumlish, Jr., Blatt and DiSalle, sitting as a panel of three. Opinion by Judge Crumlish, Jr.

Author: Crumlish

[ 47 Pa. Commw. Page 89]

Una Charlene Langer appeals a determination by the Unemployment Compensation Board of Review which, after a remand hearing, affirmed the referee

[ 47 Pa. Commw. Page 90]

    and ruled her ineligible under the disqualifying provision of Section 402(i) of the Unemployment Compensation Law (Act),*fn1 43 P.S. ยง 802(i).

We reverse.

Section 402(i) provides as follows:

An employe shall be ineligible for compensation for any week --

(i) Which, prior to January 1, 1978, is based on service covered pursuant to Articles X and XI or pursuant to an election under Article XII of this act in an instructional, research or principal administrative capacity in an institution of higher education, and begins during the period between two successive academic years or during a similar period between two regular terms whether or not successive or during a period of paid sabbatical leave provided for in the individual's contract if the individual has a contract or contracts to perform services in any such capacity for any institution or institutions of higher education for both such academic years or both such terms.

The Board grounded its denial on the following findings of fact: that Langer served in an instructional capacity for two institutions of higher education, the Community College of Allegheny County (CCAC) where she worked part-time, and the Art Institute of Pittsburgh (AIP); that she became unemployed because the school term ended in the spring of 1977; that she was not terminated by either ...


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