Submitted: June 3, 2019
BEFORE: HONORABLE ANNE E. COVEY, Judge, HONORABLE CHRISTINE
FIZZANO CANNON, Judge, HONORABLE BONNIE BRIGANCE LEADBETTER,
E. COVEY, JUDGE
Community Charter School (Employer) petitions this Court for
review of the Unemployment Compensation (UC) Board of
Review's (UCBR) October 10, 2018 order affirming the
Referee's decision determining that Deborah Hartzell
(Claimant) is not ineligible for UC benefits under Section
402.1(1) of the UC Law (Law). Employer presents two issues for
this Court's review: (1) whether the UCBR capriciously
and erroneously disregarded the Referee's findings that
Claimant had reasonable assurance of continued employment and
voluntarily quit her position with Employer; and (2) whether
the UCBR erred by failing to consider that Claimant
voluntarily quit her position where the record evidence
clearly supported that finding. After review, we affirm.
employed Claimant as a full-time fifth grade teacher from
August 27, 2016 through June 9, 2017. In April or May 2017,
Employer sent Claimant an employment contract for the
2017-2018 school year. Claimant did not return the contract,
and voluntarily quit her employment. Thereafter, Claimant
worked for Kelly Educational Staffing (Kelly) from September
11, 2017 through March 23, 2018. Claimant moved to Cumberland
County and since Kelly did not provide services in those
school districts, Claimant quit her job with Kelly. Claimant
subsequently worked for the Substitute Teacher Service
(Substitute Teacher) from April 13, 2018 through May 5, 2018
when Substitute Teacher Service laid Claimant off.
See Reproduced Record (R.R.) at 11b.
10, 2018, Claimant applied for UC benefits. On July 2, 2018,
the Altoona UC Service Center determined that Claimant was
eligible for UC benefits, as she was not disqualified under
Section 402.1(1) of the Law for "waiting week
ending 6/16/2018." July 2, 2018 Notice of
Determination (emphasis added). Employer appealed and a
Referee hearing was held on August 9, 2018. On August 10,
2018, the Referee affirmed the UC Service Center's
determination. Employer appealed to the UCBR. On October 10,
2018, the UCBR affirmed the Referee's decision. Employer
appealed to this Court.
to Section 401 of the Law,
[c]ompensation shall be payable to any employe who is or
becomes unemployed, and who--
(a) Satisfies both of the following requirements:
(1) Has, within his base year, been paid
wages for employment as required by [S]ection 404(c) of [the
(2) Except as provided in [S]ection 404(a)(3) and (e)(1) and
(2) [of the Law, not less than thirty-seven per centum
(37%) of the employe's total base year wages have been
paid in one or more quarters, other than the highest quarter
in such employe's base year.
43 P.S. § 801 (emphasis added). Correspondingly,
"Section 302 of the Lawrequires the Department [of Labor
& Industry (Department)] to maintain a reserve account
for each employer. 43 P.S. § 782. The employer's
account is then charged with all [UC] paid to each individual
who received base year wages from that
employer. 43 P.S. § 782(a)." Ruffner
v. Unemployment Comp. Bd. of Review, 172 A.3d 91, 96
(Pa. Cmwlth. 2017) (emphasis added). Each employer is charged
in the proportion that such wages bear to the
individual's total wages from all of his base year
employers. See 43 P.S. § 782(a)(3).
[U]nder Section 501 of the Law,  when a claim is filed, the
following is to occur:
• [An e]mployer is to receive
notice that a [UC] claim is
filed, and if it opposes the grant of benefits,
employer should provide information within 15 days as to why
benefits should not be granted.
• If an employer does not provide information
within 15 days giving reasons why the claim should not be
granted, the following is to occur:
• If the claim is facially valid, then benefits can be
granted without a notice of determination being issued;
• If the claim is not facially valid and denied, then a
notice of determination is issued from which a claimant can
take an appeal.
• No notice of any determination is required to
be given to an employer who has not provided information that
the claimant is ineligible.
• If an employer files information after 15 days that
claimant should be declared ineligible for benefits, then the
employer is entitled to a notice of determination regarding
its challenge to claimant's unemployment eligibility.
• The Department has no time limit to make a revision to
an eligibility determination based on employer's
information that a claimant is not eligible for UC benefits.
Narducci v. Unemployment Comp. Bd. of Review, 183
A.3d 488, 496 (Pa. Cmwlth. 2018) (emphasis added).
instant case, the Department determined
"[C]laimant's base year . . . as beginning January
1, 2017, and ending December 31, 2017." Referee Dec. at
1, Finding of Fact (FOF) 1. Because Claimant received
remuneration from Employer during the base year, Employer
could potentially be charged with Claimant's UC benefits.
Accordingly, the Department notified Employer that Claimant
filed a UC claim. Based on the ...