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JULIE WEIRICH v. COMMONWEALTH PENNSYLVANIA (07/24/85)

decided: July 24, 1985.

JULIE WEIRICH, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



Appeal from the Order of the Unemployment Compensation Board of Review in the case of In Re: Claim of Julie A. Weirich, No. B-224481.

COUNSEL

Ronald P. Langella, Henry & Langella, for petitioner.

James K. Bradley, Associate Counsel, with him, Charles G. Hasson, Acting Deputy Chief Counsel, for respondent.

President Judge Crumlish, Jr., Judge Colins, and Senior Judge Blatt, sitting as a panel of three. Opinion by Judge Blatt.

Author: Blatt

[ 90 Pa. Commw. Page 529]

Julie Weirich (petitioner) appeals here from an order of the Unemployment Compensation Board of Review (Board) affirming a referee's determination that she was ineligible for benefits for the weeks ending June 11, 18 and 25, 1983 pursuant to Section 402.1(1) of the Unemployment Compensation Law (Law), Act of December 5, 1936, Second Ex. Sess., P.L. (1937)

[ 90 Pa. Commw. Page 5302897]

, as amended, added by Section 5 of the Act of July 6, 1977, P.L. 41, 43 P.S. ยง 802.1(1).

The petitioner had been employed as a full-time professional teacher by the Johnsonburg Area School District until May 1981, when she was suspended from her position because of declining enrollment. When school began again in the fall the petitioner accepted employment with the district as a per diem substitute teacher, earning forty dollars per day and averaging two days' work per week. As a result, she became eligible for partial unemployment benefits, and received such benefits, subject to the appropriate adjustments,*fn1 throughout the 1982-1983 school year. At the end of that year, however, she was determined to be ineligible to receive benefits during the weeks in question, pursuant to Section 402.1(1) of the Act, which provides:

With respect to service performed . . . in an instructional . . . 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 . . . if such individual performs such services in the first of such academic years or terms and if there is a . . . reasonable assurance that such individual will perform services in any capacity for any educational institution in the second of such academic years or terms.

[ 90 Pa. Commw. Page 531]

This determination was appealed, and, following a referee's hearing an order was entered affirming the determination. This resulted in the appeal to the Board.

While the facts are essentially undisputed, the petitioner contends that error was committed in ruling her ineligible pursuant to Section 402.1(1) of the Act.*fn2 She argues that it is improper to apply that section to bar her continued receipt of the benefits which she had been receiving prior to the summer-break interruption of such part-time employment. She suggests that we apply the rationale used in our interpretation of the similar provisions of Section 402.1(3), which were construed in a ...


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