177 Pa. Super. 496 | Pa. Super. Ct. | 1955
Opinion by
John P. Santus has appealed from a decision of the Unemployment Compensation Board of Review
Regulation 108(b) was adopted by the Department pursuant to the authority granted in Section 4(u) of the Unemployment Compensation Law, Act of December 5, 1936, P. L. (1937) 2897, as amended, 43 PS §753(u). This section reads as follows: “ ‘Unemployed’ —An individual shall be deemed unemployed (I) with
It is appellant’s first position that Section 4(u) gives the Department “unlimited power” to allocate vacation pay without definite standards and limitations, and that it is therefore a delegation of the legislative function in contravention of Article II, Section I of the Constitution of Pennsylvania.
The general purpose of the Unemployment Compensation Law as set forth in the declaration of public policy (43 PS 752) is to afford protection from economic insecurity due to involuntary unemployment without fault: General Electric Co. v. Unemployment Compensation Board of Review, 177 Pa. Superior Ct. 49, 110 A. 2d 258. And see Mattey Unemployment Compensation Case, 164 Pa. Superior Ct. 36, 63 A. 2d 429. Section 4(u) has as its special purpose the prevention of payment of benefits during periods of idleness where the claimant has received remuneration which relates thereto: Eoenstine Unemployment Compensation Case, 176 Pa. Superior Ct. 306, 106 A. 2d 639. To carry out these purposes, the legislature delegated to the Department the power to determine by appropriate rules and regulations the periods for which vacation pay shall be deemed remuneration. This delegation of the right to determine the facts to which the laAV should apply was in furtherance of the declared legislative policy. We have consistently upheld the Department’s rule making power. See Marchines v. Pa. Unemployment Compensation Board, 148 Pa. Superior Ct. 1, 24 A. 2d 691; Jenkins Unemployment Compensation Case, 162 Pa. Superior Ct. 49, 56 A. 2d 686; Flannick Unemployment Compensation Case, 168 Pa. Superior Ct. 606, 82 A. 2d 671. The troublesome administrative problems which arise in great numbers require the existence of such authority, and the present question of allowance of vacation pay
Nor are we in agreement with appellant’s second contention. The fixing of a definite time limit to control any type of occurrence is to a certain extent arbitrary,
Decision affirmed.
This is a test case to determine the claims of Santus and one hundred thirty-six fellow employes similarly situated.
“Vacation pay, or similar payments received by an individual prior to a period of unemployment shall be allocated to the first period of otherwise compensable unemployment within 90 days following such payment, whether or not claims for unemployment compensation are filed with respect to such period • of unemployment”.
“The legislative power of tliis Commonwealth shall be vested in a General Assembly which shall consist of a Senate and a House of Representatives”.
Statutory Construction Act of May 28, 1937, P. L. 1019, Section 52 (3), 46 PS §552.
Compare provisions fixing the period during which benefits are to be paid, the time for taking an appeal, et cetera.