74 Pa. Commw. 80 | Pa. Commw. Ct. | 1983
Opinion by
Before this Court is an appeal by Henry J. DeLuca (Petitioner) from a decision and order of the Unemployment Compensation Board of Review (Board) affirming a referee’s denial of benefits pursuant to Section 402.1 of the Unemployment Compensation Law' (Law).
There is no dispute as to the pertinent facts in this matter. Petitioner, as a teacher employed by the Allegheny Intermediate Unit, was traditionally proffered employment contracts which provided him with
It is well settled that a teacher who is unemployed during a break between academic terms, and who has a reasonable expectation of employment in the second of said terms which he intends to accept is not entitled to unemployment compensation. Section 402.1(1) and 402.1(4) of the Law, 43 P.S. §§802.1(1) and 802.1(4). See Foti v. Unemployment Compensation Board of Review, 60 Pa. Commonwealth Ct. 128, 430 A.2d 1043 (1981); Partridge v. Unemployment Compensation Board of Review, 60 Pa. Commonwealth Ct. 47, 430 A.2d 735 (1981).
Before this Court, Petitioner, argues that Sections 402.1(1) and 402.1(4) of the Law are inapplicable to his claim because he was usually employed by the Unit
Neither section of the Law at issue herein contains any language limiting its applicability to unemployment resulting from the period between terms.
Order
Now, May 3, 1983, the decision and order of the Unemployment Compensation Board of Review, in the above captioned matter, No. B-189807, dated November 2, 1980, is hereby affirmed.
The order of this Court previously entered on May 3, 1983, is hereby amended to read as follows:
The order of the Unemployment Compensation Board of Review at No. B-189807 dated November 20, 1980, is hereby affirmed.
Act of December 5, 1936, Second Ex. Sess., P.L. (1937), 2897, as amended, 43 P.S. §802.1, added by Section 5 of the Act of July 6, 1977, P.L. 41 as amended.
Sections 402.1(1) and 402.1(4) of the Law, 43 P.S. §§802.1(1) and 802.1(4) read, in pertinent part:
(1) With respect to service performed after December 31, 1977, in an instructional, research, or principal administrative capacity for an educational institution, benefits shall not be paid based on such services for any week of unemployment commencing during the period between two successive academic years, or during a similar period between two regular terms whether or not successive or during a period of paid sabbatical leave provided for in the individual’s contract, to any individual if such individual performs such services in the first of such academic years or terms and if there is a contract or a reasonable assurance that such individual will perform services in any such capacity for any educational institution in the second of such academic years or terms.
(4) With respect to weeks of unemployment beginning after January 1, 1979, benefits shall be denied to an individual who performed services in or near an educational institution while in the employ of an educational service agency for any week which commences during a period described in clauses (1) ... if such individual performs any services described in clause (1) ... in the first of such*84 periods, as specified in the applicable clause, and there is a contract or a reasonable assurance, as applicable in tbe appropriate clause, that such individual will perform such services in tbe second of such periods, as applicable in tbe appropriate clause.