Summary
finding that the claimant had reasonable assurance and upholding the denial of benefits to per-diem substitute after the court could find no evidence "to suggest that the school would deviate from its list when selecting substitute teachers"
Summary of this case from Elias-Clavet v. Board of ReviewOpinion
Argued October 6, 1980
October 31, 1980.
Unemployment compensation — School teacher — Summer unemployment — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897.
1. A school teacher who is given a reasonable assurance of reemployment in the fall is not entitled to benefits under the Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897, during the annual school summer vacation. [441]
Argued October 6, 1980, before President Judge CRUMLISH and Judges BLATT and CRAIG, sitting as a panel of three.
Appeal, No. 2329 C.D. 1978, from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Willard W. Hansen, No. B-162278.
Application to the Bureau of Employment Security for unemployment compensation benefits. Application granted in part and denied in part. Applicant appealed to the Unemployment Compensation Board of Review. Decision affirmed. Applicant appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed.
Willard W. Hansen, petitioner, for himself.
John Kupchinsky, Assistant Attorney General, with him Charles G. Hasson, Assistant Attorney General, Richard Wagner, Chief Counsel, and Harvey Bartle, III, Acting Attorney General, for respondent.
In this unemployment compensation appeal, the claimant questions a denial of compensation by the board, which affirmed the referee's ruling that claimant was ineligible for benefits under the disqualifying provision of Section 402.1(1) of the Unemployment Compensation Law (Act). We affirm.
Willard W. Hansen.
Unemployment Compensation Board of Review.
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. § 802.1(1).
Claimant was last employed by Lenape Vocational-Tech (Lenape) School as a per diem substitute teacher during the 1977-78 school term. Claimant's last day of work was May 9, 1978; thereafter, claimant did not work because of the annual summer vacation. Claimant sought benefits for the duration of the vacation period.
The board denied benefits, finding that claimant had a reasonable assurance of employment with Lenape at the start of the next academic year and hence was disqualified under Section 402.1(1).
The record discloses that, in June 1977, claimant received from Lenape a letter which offered to place claimant's name on the substitute teacher list for the 1978-79 school year. Furthermore, claimant testified that he intended to accept the offer.
Claimant gave the following testimony when asked if he intended to serve as a substitute teacher during the 1978-79 school year:
Q. And you intend to return next year?
A. My contention yes, if I'm here. Now
Q. If you are here and if you are called?
A. Yes, if I'm here and if I'm called. . . .
Claimant contends, however, that the fact that Lenape placed claimant's name on its substitute teacher list for the ensuing year does not constitute reasonable assurance. Claimant's point is that he does not have a guarantee that he will be called when a regular teacher is absent.
Section 402.1 does not require a guarantee, but only a reasonable assurance of re-employment, and the board, based on its examination of the relevant facts, must make that determination. Goralski v. Unemployment Compensation Board of Review, 48 Pa. Commw. 39, 408 A.2d 1178 (1979). Here, as in Goralski, we cannot find any evidence to suggest that the school would deviate from its list when selecting substitute teachers.
The findings of the board are supported by substantial evidence and, being therefore binding on this court, are affirmed.
Accordingly, we affirm the decision of the board.
ORDER
AND NOW, this 31st day of October, 1980, the decision of the Unemployment Compensation Board of Review is hereby affirmed.