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MS. BARBARA GILLIS v. COMMONWEALTH PENNSYLVANIA (06/26/80)

decided: June 26, 1980.

MS. BARBARA GILLIS, 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 Barbara S. Gillis, No. B-159355.

COUNSEL

Barbara Gillis, Pro Se, petitioner.

Stephen B. Lipson, Assistant Attorney General, with him Richard Wagner, Chief Counsel, and Edward G. Biester, Jr., Attorney General, for respondent.

Judges Mencer, Rogers and Blatt, sitting as a panel of three. Opinion by Judge Rogers.

Author: Rogers

[ 52 Pa. Commw. Page 376]

Barbara S. Gillis, a substitute school teacher, has appealed from a decision of the Unemployment Compensation Board of Review reversing a referee's decision granting unemployment compensation benefits for a period following the end of the 1976-1977 school year. We affirm the decision of the Board.

The appellant was employed as a substitute teacher by the Bristol Township School District from 1970 to 1977. At the end of the 1976-1977 school year, as in previous years, the School District sent the appellant a questionnaire asking whether she planned to substitute teach during the following year. The appellant responded that she did plan to do substitute work during the 1977-1978 school year and she returned the form to the School District on July 8, 1977. The School District then placed her name on its list of substitute teachers for that year.

At the close of the 1976-1977 school year, the appellant also applied to the Bureau (now 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. ยง 3304 (note). The Bureau denied

[ 52 Pa. Commw. Page 377]

    benefits and the appellant appealed to a referee, who conducted a hearing and reversed the Bureau's denial. The Bureau appealed to the Board of Review, which remanded the record to a hearing officer for the taking of additional evidence. The hearing officer conducted a second hearing, at which the appellant and representatives of the school district appeared and testified. After reviewing the entire record, the Board made the following findings of fact:

6. The claimant's name will be on the [substitute teacher] list used by the employer during the 1977-1978 school year and will be called when work becomes available.

7. The claimant expects to return to work at the commencement of the next school year.

8. The claimant intends to return to work at the commencement of ...


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