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WALLACE T. CLAYPOOLE v. COMMONWEALTH PENNSYLVANIA (04/30/82)

decided: April 30, 1982.

WALLACE T. CLAYPOOLE, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. NICHOLAS ROBERTO, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



Appeals from the Orders of the Unemployment Compensation Board of Review in the cases of In Re: Claim of Wallace T. Claypoole, No. B-188235 and In Re: Claim of Nicholas Roberto, No. B-188234.

COUNSEL

Steven R. Sosnov, with him Jeanne E. Cook, for petitioners.

Charles G. Hasson, Associate Counsel, with him Richard L. Cole, Jr., Chief Counsel, for respondent.

Judges Rogers, Craig and MacPhail, sitting as a panel of three. Opinion by Judge Rogers. This decision was reached prior to the resignation of Judge Mencer.

Author: Rogers

[ 66 Pa. Commw. Page 364]

Wallace T. Claypoole and Nicholas Roberto, the appellants in these unemployment compensation cases, lost their work when their employer permanently ceased operations in July, 1979. Each of them filed for and received benefits for a benefit year beginning in July, 1979. When their first benefit year ran out, each filed another application for extended benefits with an effective date of July 20, 1980.

The base year of the 1980 applications was from April 1, 1979 to March 31, 1980, consisting of the following quarters: (1) April, May, June, 1979, (2) July, August, September, 1979, (3) October, November, December, 1979, and (4) January, February, March, 1980. This is because "base year" is defined in Section 4(a)

[ 66 Pa. Commw. Page 365]

    of the Unemployment Compensation Law, 43 P.S. § 753(a), as the first four of the last five completed calendar quarters immediately preceding the first day of an individual's benefit year.*fn1

Section 401(a), 43 P.S. § 801(a) provides that compensation shall be payable to any employee, who during the base year has been "paid wages . . . Provided, however, That not less than twenty per centum (20%) of the employe's total base year wages have been paid in one or more quarters, other than the highest quarter in such employe's base year."

In June, 1979, during the first quarter of the base year for their July, 1980 applications, the appellants were paid, respectively, Claypoole $5605 and Roberto $6044. In July, 1979, during the second quarter of their base years, they were paid respectively, Claypoole $994 and Roberto $1133. These were their total base year wages. The compensation authorities held them both to be financially ineligible because less than 20% of their total base year wages were paid them in any quarter other than their highest quarter.*fn2 The compensation authorities obviously decided these cases in accordance with the Act.

The appellants contend that they should have been held to be financially eligible because some of the money paid them in June, 1979 was vacation pay which should be allocated to the quarter, July, August, ...


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