67 Pa. Commw. 75 | Pa. Commw. Ct. | 1982
Lead Opinion
Opinion by
Kevin Walters (claimant) appeals from an order of the Unemployment Compensation Board of Review
The claimant was employed as a laborer by Hallo-way Construction Company (employer) from May or June 1978 until September 1978 and from May 1979 until he was laid off on August 31, 1979. He testified that he attended college on a part-time basis, commencing in the January 1979 semester, during which he carried seven credits. Subsequent to being laid off in August, he carried ten credits and from September through December attended classes on Mondays, Wednesdays and Fridays from 8:00 a.m. until 12:00 noon. In January 1980, he undertook to carry seven credits and attended school five days a week: Mondays from 12:00 noon until 4:00 p.m.; Tuesday and Thursday from 8:00 a.m. until 9:15 a.m.; and Wednesday and Friday from noon until 1:00 p.m.
In affirming the referee, the Board, as the ultimate factfinder, Rodriguez v. Unemployment Compensation Board of Review, 48 Pa. Commonwealth Ct. 65, 408 A.2d 1191 (1979), made the following findings:
5. The claimant is 19 years of age, single, lives alone and has no dependents.
6. The claimant is primarily a student rather than an unemployed worker.
7. The claimant was not able and available to accept suitable work during the period in issue.
Finding No. 6 is a conclusion of law and must therefore be disregarded as a finding of fact. Reardon v. Unemployment Compensation Board of Review, 30 Pa. Commonwealth Ct. 139, 373 A.2d 146 (1977).
The claimant demonstrated that his foremost concern was obtaining full-time employment and he cannot, therefore, be categorized as a college student whose primary purpose is obtaining an education and who is available for work only conditionally or on a limited basis.
Order
And Now, this 4th day of June, 1982, the order of the Unemployment Compensation Board of Review in
In Ettorre v. Unemployment Compensation Board of Review, 50 Pa. Commonwealth Ct. 315, 413 A.2d 6 (1980) In which a 21 year old woman who lived at home with her parents, worked part-time and attended college part-time, was found to be primarily a student, the presumption was for the first time stated as applying to a “student.”
Although not germane to our review of the findings below, we note in passing that subsequent to the February 15, 1980 hearing, the claimant quit college on March 3, 1980 to accept full-time employment.
Concurrence Opinion
Concurring Opinion by
I agree that the claimant is eligible for unemployment compensation benefits. I do not agree that the court made rule to the effect that unemployed students are presumed to be ineligible for benefits is any longer valid. As we noted in Evanson v. Unemployment Compensation Board of Review, 66 Pa. Commonwealth Ct. 411, 444 A.2d 1317 (1982), the recent opinion of the Supreme Court in Penn Hills School District v. Unemployment Compensation Board of Review, 496 Pa. 620, 437 A.2d 1213 (1981) disapproves of the application of exceptions to eligibility which have no clear and explicit foundation in the statutes. The burden placed on students to overcome a presumption of ineligibility is such an exception.
The majority correctly says that Pennsylvania courts have placed a burden of proof on unemployment compensation claimants who are also full-time students not imposed on other claimants — that of requiring full-time students to establish their availability for work within the meaning of Section 401(d) of the Act by demonstrating a substantial previous history of full-time work, good faith efforts to obtain unconditional full-time employment, and economic needs related to family support obligations. See Ettorre v. Unemployment Compensation Board of Review, 50 Pa. Commonwealth Ct. 316, 413 A.2d 6 (1980); Reardon v. Unemployment Compensation Board of Review, 30 Pa. Commonwealth Ct. 139, 143, 373 A.2d 146, 149 (1977) (authorities collected).
It is therefore clear that a student with no substantial history of previous employment or one who is unwilling or unable to register for and then accept suitable employment when offered is ineligible for benefits under other sections of the Act. It is in my view both unnecessary and unwise to overlay Section 401(d)’s simple requirement that the claimant be available with a presumption reflecting the same consideration carefully described in Sections 401(a) and (b) and Section 402(a). Finally, the judicially ere
As the majority correctly notes, the student presumption of ineligibility applied to students has been said in a number of cases to ensure that student claimants are, as they are required to be, “realistically and genuinely attached to the labor market. ’ ’ The quoted language has not appeared in Section 401(d) since it was deleted by the 1961 amendments to the Act and, in my judgment, the function of determining attachment to the labor market with respect to those claimants otherwise able and available for work is now performed by other provisions of the Act, especially Sections 401(a) and (b).
Of course, every unemployment compensation claimant must be able and available to perform the duties of some substantial employment position. The presence of competing responsibilities attendant to the pursuit of education, like the competing responsibilities attendant to, for example, child rearing or the care of invalid family members, is certainly evidence relevant to the issue of such availability. However, it is not necessary that a claimant be available for either full-time or permanent employment and no reason is apparent either in the Act or in common experience why a full-time student must be presumed to be unavailable for any substantial, albeit part-time or temporary employment. Indeed, common experience indicates that many, if not most, full-time college students also perform at some point in their college careers substantial employment duties.
• At the time of the referee’s hearing in this case, Mr. Walters’ academic responsibilities required his attendance in classes a mere eight hours each week and these hours were so scheduled as to leave the
I would hold that students, when they lose their jobs through no fault of their own, are no more to be presumed ineligible for benefits than are other classes of claimants. As the Supreme Court wrote in Penn Hills, “in determining whether a disqualification is appropriate, ‘the test is not whether the claimant has taken himself out of the scope of the Act but whether the Act specifically excludes him from its provisions. This is what is meant by a liberal and broad construction.’ ” (Citation omitted) (emphasis in the original). Id. at , 437 A.2d at 1215-1216.