Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Esther M. Rish, No. B-158846.
Esther M. Rish, for herself, petitioner.
Richard Wagner, Chief Counsel, with him, Michael Kline, Assistant Attorney General, David R. Confer, Assistant Attorney General, and Edward C. Biester, Jr., for respondent.
Judges Wilkinson, Jr., Rogers and MacPhail, sitting as a panel of three. Opinion by Judge Wilkinson, Jr. This decision was reached prior to the expiration of the term of office of Judge DiSalle.
[ 48 Pa. Commw. Page 389]
Petitioner (claimant) appeals from an order of the Unemployment Compensation Board of Review (Board) which reversed a referee's award of benefits. We affirm.
Claimant was last employed by the Greater Nanticoke Area School District (District) as a permanent substitute to replace the regular librarian at Nanticoke
[ 48 Pa. Commw. Page 390]
Junior High School who had been absent on maternity leave.*fn1 Claimant's last day of work was June 16, 1977 as a result of the closing of school for summer vacation. On that date, claimant was informed by the principal of Nanticoke Junior High School that the regular librarian would be returning the following September thus ending claimant's employment as a substitute for that particular position.
It is clear from claimant's testimony that she intended to continue her employment with the District the following school year if work was available. Indicative of this desire was claimant's attempt to secure a position with the District as a home economics teacher. It is likewise evident that claimant could reasonably expect substitute work in the future since her name appeared on the District's substitute teacher roster.*fn2
The facts of this case justify the finding of the Board that an implied agreement for continued employment existed between claimant and the District sufficient to support the denial of benefits under Section
[ 48 Pa. Commw. Page 391203]
(b) of the Emergency Jobs and Unemployment Assistance Act of 1974, 26 U.S.C. § 3304 note. See Pac v. Unemployment Compensation Board of Review, 48 Pa. Commonwealth Ct. 91, ...