No. 81-1-44, Appeal from the Order of the Commonwealth Court entered February 3, 1981, as amended February 17, 1981, at No. 1898 C.D. 1978, reversing the order of the Unemployment Compensation Board of Review.
Elliott A. Strokoff and Jerome H. Gerber, Harrisburg, for appellant.
John M. Tighe, Pittsburgh, for Penn Hills Sch. Dist.
Richard Wagner, Harrisburg, for Unemp. Comp. Bd.
Harold I. Goodman, Philadelphia, for amicus: Phila. Unemployment Project.
Michael I. Levin and William Fearen, Harrisburg, for amicus: Pa. Sch. Board Assoc.
Louis B. Kushner and Stephen H. Jordan, Pittsburgh, for amicus: Pgh. Fed. of Teachers.
Richard H. Markowitz and Robert C. Cohen, Philadelphia, for amicus: Fed. of Tel. Workers.
Larsen, Justice. Wilkinson, J., did not participate in the consideration or decision of this case. Roberts, J., concurred in the result.
Catherine Baratta, appellant, was employed as a school bus driver by the Penn Hills School District, appellee, during the 1977-78 scholastic year. In January, 1978, severe weather conditions (snow) forced repeated school cancellations. Due to the school closings, appellant missed seven non-consecutive days of work in January. (School was cancelled, and work was missed on January 9-11, 18, 20 and 26-27, 1978).
Appellant filed a claim for unemployment compensation benefits for those "snow" days, which claim was granted on February 4, 1978 by the Bureau of Employment Security. Referee Thomas W. Snyder affirmed the grant of benefits on March 24, 1978 following hearings on appellant's claim and the claims of many other similarly situated school district employees. The Unemployment ...