Appeal from the Order of the Unemployment Compensation Board of Review in the case of In Re: Claim of Robert W. Perry, No. B-199744.
William A. Hebe, Spencer, Gleason & Hebe, for petitioner.
Richard F. Faux, Associate Counsel, with him, Richard L. Cole, Jr., Chief Counsel, for respondent.
Judges Rogers, Palladino and Barbieri, sitting as a panel of three. Opinion by Judge Palladino. Dissenting Opinion by Judge Rogers.
[ 82 Pa. Commw. Page 558]
Claimant in this case, Robert W. Perry, appeals from an order of the Unemployment Compensation Board of Review (Board), which affirmed a referee's decision denying him benefits. After a careful review of the issues presented, we affirm the Board's decision.
Claimant was last employed by South Williamsport Area School District (District) as a full time tenured
[ 82 Pa. Commw. Page 559]
teacher. After seven and one-half years of service Claimant was notified that full time teaching work would not be available for him the following academic year, but that the District would place his name on the substitute teacher list if Claimant so desired. Claimant accepted the District's offer.
The referee's decision to deny Claimant benefits turns on the interpretation to be given Section 402.1(1) of the Pennsylvania Unemployment Compensation Law (Law)*fn1 which provides that,
Benefits based on service for educational institutions pursuant to Article X, XI or XII shall as hereinafter provided be payable in the same amount, on the same terms and subject to the same conditions as outlined in section 404(g); except that:
(1) With respect to service performed after December 31, 1977, in an instructional, research, or principal administrative capacity for an educational institution, benefits shall not be paid based on such services for any week of unemployment commencing during the period between two successive academic years, or during a similar period between two regular terms whether or not successive or during a period of paid sabbatical leave provided for in the individual's contract, to any individual if such individual performs such services in the first of such academic years or terms and if there is a contract or a ...