59 Pa. Commw. 537 | Pa. Commw. Ct. | 1981
Opinion by
In this unemployment compensation appeal, the claimant
On June 30,1978 the claimant was terminated from her last full-time employment as a youth counselor because of the closing of the youth center
There is a presumption that a full-time student is not available for work, but a claimant can rebut the presumption if she can establish that she is attached to the labor force and that her primary purpose is to work, rather than to obtain an education. Reardon v. Unemployment Compensation Board of Review, 30 Pa. Commonwealth Ct. 139, 373 A.2d 146 (1977).
The claimant’s work record before and during the period she was a full-time student cannot be said to establish an attachment to the labor force. The record reveals that the claimant’s last full-time employment before she became a student lasted just six months, and that during the school year her only employment was a part-time work-study job organized around her class schedule. Although she applied for full-time employment for the summer of 1979, the compensation authorities concluded that two student loans, guaranteed to her for the 1979-80 school year, indicated an intention to remain a student in the fall. Thus, the evidence provides no support for the proposition that the claimant’s education was secondary to her desire for employment.
Accordingly, we affirm the decision of the board.
Order
And Now, June 8, 1981, the order of the Unemployment Compensation Board of Review at No. B-175028 is hereby affirmed.
Daria J. Mirkin.
Unemployment Compensation Board of Review.
Section 401(d) of the Unemployment Compensation Law, Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. §801 (d).
Youth, Incorporated.