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RONALD D. LESCALLEET v. COMMONWEALTH PENNSYLVANIA (03/05/86)

decided: March 5, 1986.

RONALD D. LESCALLEET, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Ronald D. Lescalleet, No. B-234221.

COUNSEL

Thomas L. Wenger, with him, Steven C. Wilds, Wix, Wenger & Weidner, for petitioner.

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

Judges Craig and Colins, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Judge Craig.

Author: Craig

[ 95 Pa. Commw. Page 430]

When a second class township, pursuant to law, has employed one of the township's supervisors -- an elected member of the township governing body -- as a road foreman or superintendent for the township, is his work activity in that capacity excluded from the concept of "employment" under the Unemployment Compensation Law, as constituting that of an elected official?

Claimant Ronald Lescalleet has appealed from a decision of the Unemployment Compensation Board of Review which held him ineligible for benefits and subject to a non-fault, non-recoupable overpayment on the ground that his services as a township road foreman or superintendent were those of an elected official.

The board's findings state the undisputed facts, as follows:

1. Claimant was elected in 1978 to a six-year term as a Reading Township Supervisor.

2. In January 1982 claimant was appointed by the township supervisors to the position of road foreman.

[ 95 Pa. Commw. Page 4313]

. The township's road foreman is considered an employe of the township for payroll purposes and receives an hourly wage of $5.90. His benefits include a ...


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