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JOY A. BITLER v. COMMONWEALTH PENNSYLVANIA (02/02/81)

decided: February 2, 1981.

JOY A. BITLER, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



Appeal from the Order of the Unemployment Compensation Board of Review in the case of In Re: Claim of Joy A. Bitler, No. B-168011.

COUNSEL

Joseph R. DeCristopher, with him Stuart A. Cilo, for petitioner.

William Kennedy, Assistant Attorney General, with him John T. Kupchinsky, Assistant Attorney General, and Richard Wagner, Chief Counsel, and Edward G. Biester, Jr., Attorney General, for respondent.

Judges Wilkinson, Jr., Blatt and Williams, Jr., sitting as a panel of three. Opinion by Judge Williams, Jr.

Author: Williams

[ 56 Pa. Commw. Page 404]

Joy A. Bitler (claimant) appeals form an order of the Unemployment Compensation Board of Review (Board) denying her Special Unemployment Assistance (SUA) benefits under Title II of the Emergency Jobs and Unemployment Assistance Act of 1974 (Assistance Act).*fn1

The Board's order affirmed a referee's decision that the claimant had rendered herself ineligible under the disqualifying language of Section 203(b) of the Assistance Act,*fn2 and also under Section 401(d) of the state Unemployment Compensation Law.*fn3 The order appealed from also upheld a determination that the claimant had received a non-fault overpayment.

Until June of 1977 claimant Bitler was a full-time professional employee of the Royer Run School District. In that month she was furloughed from her position. In July, 1977, she applied for and was granted SUA benefits; and she continued to receive

[ 56 Pa. Commw. Page 405]

    them until June 17, 1978. However, in January, 1978, the claimant had placed her name on the substitute teacher list for the Central Columbia School District (Central Columbia). From January 11, 1978 through June 1, 1978, she worked a total of 9 1/2 days as a per diem substitute teacher for Central Columbia. According to the claimant she was able and available to teach 120 days that term.*fn4

At some point, apparently during the month of June, 1978, Central Columbia sent her a written communication inquiring if she was willing to continue as a substitute teacher in the upcoming, 1978-1979 school year. She responded that she was. Prior to that communication from the school district, Bitler had allowed her name to remain on the list of available substitutes for the next school year.

The Bureau of Employment Security*fn5 learned of the claimant's intervening and prospective engagement as a substitute teacher. Based on that status, the Bureau determined that she was ineligible for benefits for the week ending June 17, 1978, and that she had received a non-fault overpayment of $114.00. The Bureau's determination of ineligibility was based on Section 402.1 of the Unemployment Compensation Law.*fn6 That Section denies benefits to school teachers for any week of unemployment commencing during the period ...


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