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WEST GREENE SCHOOL DISTRICT v. COMMONWEALTH PENNSYLVANIA (01/06/88)

decided: January 6, 1988.

WEST GREENE 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 case of In Re: Claim of Albert W. Thompson, No. B-253480.

COUNSEL

Barbara A. Rizzo, with her, Richard J. Amrhein, Peacock, Keller, Yohe, Day & Ecker, for petitioner.

James K. Bradley, Assistant Counsel, with him, Clifford F. Blaze, Deputy Chief Counsel, for respondent.

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

Author: Craig

[ 112 Pa. Commw. Page 335]

West Greene School District (district) appeals a decision of the Unemployment Compensation Board of Review granting unemployment benefits to Albert W. Thompson. The board's decision reversed both an Office of Employment Security (OES) determination that Thompson was not eligible to receive benefits under section 402.1(1) of the Unemployment Compensation Law, Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. ยง 802.1(1), and the referee's dismissal of Thompson's appeal as untimely filed.

The district's issues on appeal are (1) whether the board lacked jurisdiction to review the claimant's appeal filed later than the fifteenth day after the issuance of the determination; and (2) whether the board's award of benefits to the claimant was in violation of section 402.1(1) of the Law.

The board's decision was based on the following findings of fact:

1. Claimant was last employed by West Greene School District, for over one and a half years as a permanent substitute teacher at $60.00 per day and his last day of work was June 9, 1986.

[ 112 Pa. Commw. Page 3362]

. In February, 1986, claimant was informed that the science course in which he was teaching was being changed to an industrial arts course and he would not teach the industrial arts course.

3. In June, 1986, claimant was given reasonable assurance he would be returning to the 1986-87 school term as a ...


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