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RICHLAND SCHOOL DISTRICT v. COMMONWEALTH PENNSYLVANIA (05/23/83)

decided: May 23, 1983.

RICHLAND SCHOOL DISTRICT, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. DONNA HOZA, INTERVENOR. RICHLAND SCHOOL DISTRICT, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. JUDITH A. SHOMO, INTERVENOR



Appeals from the Orders of the Unemployment Compensation Board of Review in the cases of In Re: Claim of Judith A. Shomo, No. 200450 and In Re: Claim of Donna Hoza, No. B-200451.

COUNSEL

Ralph F. Kraft, Kraft & Rizzo, for petitioner.

William K. Eckel, for intervenors.

William Fearen, with him Michael I. Levin, Cleckner and Fearen, for Amicus Curiae, Pennsylvania School Boards Association.

President Judge Crumlish, Jr. and Judges MacPhail and Doyle, sitting as a panel of three. Opinion by Judge MacPhail.

Author: Macphail

[ 74 Pa. Commw. Page 414]

Richland School District (District) brings a consolidated appeal from two orders of the Unemployment Compensation Board of Review (Board) which affirmed and adopted the decisions of a referee granting unemployment compensation benefits to Donna Hoza and Judith Shomo (Claimants), furloughed professional employees, for the weeks between the end of one school year and the beginning of the next successive school year.

The facts of this case are not in dispute. Claimant Hoza was employed as an art instructor employed by the District for the past eight years. She was a tenured teacher on a nine month contract which commenced on July 1, 1980 and expired on June 30, 1981. Claimant Hoza received her last pay on June 11, 1981, for the period through June 30, 1981. Claimant Shomo

[ 74 Pa. Commw. Page 415]

    was classified as a preferred substitute.*fn1 She worked as a Health and Physical Education teacher for the district from January of 1981 until June 5, 1981.

Claimants Hoza and Shomo were notified by letter, respectively, on May 29, 1981 and May 8, 1981, that they would be suspended as professional employees because of a substantial decline in student enrollment in the District.

On June 4, 1981, Claimants received the following written notice from the District notifying them that their names would be placed on substitute teacher call lists:

In view of your recent suspension as a professional employe of the Richland School District, this letter shall serve as a reasonable assurance that your name will appear on the approved ...


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