No. 80-3-774, Appeal from the Order of the Commonwealth Court entered June 26, 1980, No. 1808 C.D. 1978, affirming the Order of the Unemployment Compensation Board of Review, No. B-160510
Germaine Ingram, Philadelphia, for appellant.
Charles Hasson, Asst. Atty. Gen., for appellee.
O'Brien, C.j., and Roberts, Nix, Larsen, Flaherty, McDermott and Hutchinson, JJ.
This is an appeal from the order of the Commonwealth Court, affirming the decision of the Unemployment Compensation Board of Review which denied benefits to appellant, Thomas P. Renne.
Appellant was employed as a full-time substitute teacher by the Fox Chapel Area School District (hereinafter "school district") during the academic year of 1976-77. On June 20, 1977, the school district informed appellant by letter that he had been replaced by a full-time teacher who would permanently assume the position appellant had temporarily occupied. On July 3, 1977, appellant filed an unemployment compensation claim, but no decision on his application was made until October, 1977. The school district, meanwhile, placed appellant's name on its list of persons eligible for substitute teaching duties during the 1977-78 academic year. A person on the list could be temporarily assigned to a teaching position if a vacancy developed and the candidate passed a medical examination.
On September 1, 1977, a teachers' strike which lasted until September 27 began against the school district. On October 12, 1977, the Bureau of Employment Security (hereinafter "Bureau") denied appellant's application for benefits. Appellant thereafter appealed the Bureau's decision to an unemployment compensation referee. After a hearing the referee reversed the Bureau's decision and granted the requested benefits for the month of September. The Bureau then appealed to the Unemployment Compensation Board of Review (hereinafter "Board") where the referee's ruling was reversed. The Commonwealth Court affirmed the Board's findings, resulting in the instant appeal.*fn1 Renne v. Unemployment Compensation Board of Review, 52 Pa. Commw. 398, 415 A.2d 995 (1980).
The Commonwealth Court based its decision on § 402(d) of the Unemployment Compensation Law which provides as follows:
An employee shall be ineligible for compensation for any week . . .
(d) In which his unemployment is due to a stoppage of work, which exists because of a labor dispute (other than a lock-out) at the factory, establishment or other premises at which he is or was last employed: Provided, That this subsection shall not apply if it is shown that (1) he is not participating in, or directly interested in, the labor dispute which caused the stoppage of work, and (2) he is not a member of an organization which is participating in, or directly interested in, the labor dispute which caused the stoppage of work, and (3) he does not belong to a grade or class of workers of which, immediately before the commencement ...