134 Pa. Commw. 648 579 A.2d 1026

579 A.2d 1026

COMMONWEALTH of Pennsylvania, DEPARTMENT OF EDUCATION, SCOTLAND SCHOOL FOR VETERANS’ CHILDREN, Petitioner, v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent.

Commonwealth Court of Pennsylvania.

Submitted June 28, 1990.

Decided Sept. 12, 1990.

*649Roger R. Seip, Asst. Counsel, with him, Ernest N. Helling, Asst. Chief Counsel, for petitioner.

Maribeth Wilt-Seibert, Asst. Counsel, with her, Clifford F. Blaze, Deputy Chief Counsel, for respondent.

Before CRAIG, President Judge, PELLEGRINI, J., and CRUMLISH, Jr., Senior Judge.

OPINION

CRUMLISH, Jr., Senior Judge.

In this appeal, we are called upon to revisit the question of whether Sylvia Williams, a houseparent at Scotland School for Veterans’ Children (Scotland), is eligible for unemployment compensation benefits. The Board granted benefits; Scotland has appealed that decision, and we now affirm.

We recently decided the questions of Williams’ eligibility for benefit weeks during the summer months of 1987, when she did not work. Department of Education, Scotland School for Veterans’ Children v. Unemployment Compensation Board of Review, 134 Pa.Commonwealth Ct. 80, 578 A.2d 78 (1990) (Williams I). There we held that the Board did not err in its conclusion that Williams was a year-round employee and not an employee of the academic year.

We must now decide whether the Board erred in upholding the referee’s decision to grant partial benefits to Williams for five weeks during the following summer1, 1988, in which Williams worked less than full-time.1

Scotland again urges us to hold that Williams should be denied benefits under the disqualifying Section 402.1(2) of *650the Unemployment Compensation Law (Law),2 which, generally speaking, precludes benefits to employees of academic institutions who do not work between terms but who expect to return to work in the next academic session. Scotland argues that while working part-time on an “as needed” basis during the summer, Williams was nonetheless an employee of the academic year with a reasonable assurance of returning to work the following fall term.3 However, as we held in Williams I, there is ample evidence to support the finding that Williams was a year-round employee who was not routinely separated during the summer months. Thus, Section 402.1(2) does not apply.

Accordingly, we affirm the Board’s order granting partial benefits to Williams for those weeks in which Williams’ remuneration was less than her weekly benefit rate plus partial benefit credit.

ORDER

The Unemployment Compensation Board of Review order No. B-277981, dated December 15, 1989, is affirmed.

Commonwealth, Department of Education, Scotland School for Veterans’ Children v. Unemployment Compensation Board of Review
134 Pa. Commw. 648 579 A.2d 1026

Case Details

Name
Commonwealth, Department of Education, Scotland School for Veterans’ Children v. Unemployment Compensation Board of Review
Decision Date
Sep 12, 1990
Citations

134 Pa. Commw. 648

579 A.2d 1026

Jurisdiction
Pennsylvania

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