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HOPEWELL AREA SCHOOL DISTRICT v. COMMONWEALTH PENNSYLVANIA (07/29/87)

decided: July 29, 1987.

HOPEWELL AREA SCHOOL DISTRICT, 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 Rina A. D'Eramo, No. B-231056-B.

COUNSEL

William Fearen, with Steven A. Stine, Cleckner and Fearen, for petitioner.

Clifford F. Blaze, Deputy Chief Counsel, for respondent.

William J. Maikovich, for intervenor, Rina A. D'Eramo.

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

Author: Barbieri

[ 108 Pa. Commw. Page 96]

Hopewell Area School District (District) appeals an order of the Unemployment Compensation Board of Review (Board) granting benefits to Rina A. D'Eramo (Claimant) for the weeks ending December 31, 1983, and January 7, 1984.

[ 108 Pa. Commw. Page 97]

Claimant was employed as a full-time faculty member with the District for the 1981-82 school year. At the end of the school year, Claimant was furloughed as a result of a faculty reduction in the District. Beginning in mid-November of 1982, Claimant worked as a permanent substitute under contract with the District for the remainder of the 1982-83 school year. This contract was not renewed,*fn1 and Claimant worked for the District as a per diem substitute until her last day of work, which was December 19, 1983.*fn2 District schools were closed from December 23, 1983, to January 2, 1984, for the Christmas holidays. The Board, affirming the referee,*fn3 granted Claimant benefits for a two-week period during the Christmas break.

On appeal, the District contends that Claimant is ineligible for benefits for the weeks in question pursuant to Section 402.1(3) of the Unemployment Compensation Law,*fn4 which provides as follows:

(3) With respect to [services performed for an educational institution], benefits payable on the basis of such services shall be denied to any individual for any week which commences during an established and customary vacation period or holiday recess if such individual performed such

[ 108 Pa. Commw. Page 98]

    services in the period immediately before such vacation period or holiday recess, and there is a reasonable assurance that such individual will perform such services in the period ...


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