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ANDREW PAC v. COMMONWEALTH PENNSYLVANIA (12/18/79)

decided: December 18, 1979.

ANDREW PAC, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. COREEN A. SINES, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. ESTHER P. SARGRAD, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. KATHY A. BLACKMORE, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. ILENE K. POLLOCK, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. DANIELLE HANNA, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. JOAN P. WAIT, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. JAMES R. WALKER, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. LINDA L. WEINBERG, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. KRISTINA L. PALMER, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. JENNIFER G. WOLF, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. SUSAN TOW, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. FLORENCE SACKETT, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. PATRICIA KAHLEY, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. MARGARET SHUDA, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. DAVID D. ADAMS ET AL., PETITIONERS V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. LUCIA E. ESTHER, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. STEVEN GOLDBERG ET AL., PETITIONERS V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. LOUISE PEZZULLO, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



Appeals from the Orders of the Unemployment Compensation Board of Review in cases of In Re: Claim of Andrew Pac, No. B-157625; Coreen A. Sines, No. 157432; Esther P. Sargrad, No. B-157626; Kathy A. Blackmore, No. B-157627; Ilene K. Pollock, No. B-157443; Danielle Hanna, No. B-158505; Joan P. Wait, No. B-157434; James R. Walker, No. B-157439; Linda L. Weinberg, No. B-157438; Kristina L. Palmer, No. B-158503; Jennifer G. Wolf, No. B-157433; Susan Tow, No. B-158558; Florence Sackett, B-160183; Patricia Kahley, No. B-160189; Margaret Shuda, No. B-157441; David D. Adams, et al., No. B-158587; Lucia E. Esther; Steven Goldberg, No. B-160325; and Louise Pezzullo.

COUNSEL

William Reinhorn, with him, Leonard M. Sagot and Thomas W. Jennings, and of counsel, Sagot & Jennings, for petitioners.

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

Judges Wilkinson, Jr., Rogers and MacPhail, sitting as a panel of three. Opinion by Judge Rogers.

Author: Rogers

[ 48 Pa. Commw. Page 94]

We have consolidated for argument and disposition the appeals of thirteen substitute teachers, a substitute teacher's aide*fn1 and a substitute bus driver of Neshaminy School District, three substitute teachers of the Philadelphia School District (two of whom are test claimants for 277 additional Philadelphia substitute teachers) and one substitute teacher of Bristol Township School District from orders of the Unemployment Compensation Board of Review denying them unemployment benefits during the school vacation period beginning June 1977. Except the cases of Neshaminy employees James R. Walker and Patricia Kahley, which we will discuss at a later place in this opinion, the appeals present common questions of fact and law.

At the close of the 1976-1977 school year, all of the appellants applied to the Bureau of Employment Security (Bureau) (now known as the Office of Employment Security) for Special Unemployment Assistance (SUA) benefits pursuant to Title II of the Emergency Jobs and Unemployment Assistance Act of 1974, 26 U.S.C. § 3304 (note). The Bureau denied their applications because it found that they were not available for work within the meaning of Section 401(d) of the Unemployment Compensation Law, Act

[ 48 Pa. Commw. Page 95]

    of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. § 801(d).*fn2 On appeals to referees, the referees found typically that the employees had not been notified that their employment would resume at the start of the next semester, except for similar occasional substitute work and that the employees were able and available for suitable work. The Board reversed the referees' decisions and denied benefits to the employees, finding that the employees expected and intended to return to work during the 1977-1978 school year. The Board concluded that the appellants therefore had implied contracts with their respective districts for the coming school years and were not available for other work.

The appellants contend that the Board erred in finding that a contract existed between them and their respective districts and in finding that they were not available for other suitable work. Our scope of review in employment compensation cases "is limited to questions of law and a determination of whether or not the findings of the Board are supported by substantial evidence, giving to the party prevailing below the benefit of all reasonable and logical inferences." Calvano v. Unemployment Compensation Board of Review, 29 Pa. Commonwealth Ct. 79, 81, 368 A.2d 1367, 1368 (1977).

Section 203(b) of the Emergency Jobs and Unemployment Assistance Act of 1974 provides in pertinent part that benefits are to be denied to an individual

[ 48 Pa. Commw. Page 96]

    employed in an instructional capacity and between two ...


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