Opinion
Argued February 2, 1978
February 28, 1978.
Unemployment compensation — Availability for work — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — School teacher — Summer unemployment.
1. An unemployed person is ineligible for benefits under the Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897, if unavailable for work, and a permanent substitute school teacher who is unemployed in summer months becomes ineligible for further unemployment compensation benefits when she executes a contract for employment commencing in the fall, rendering her unable and unwilling to accept permanent suitable employment which would interfere with the starting date of her new position. [69-70]
Argued February 2, 1978, before Judges ROGERS, BLATT and DiSALLE, sitting as a panel of three.
Appeal, No. 2212 C.D. 1976, from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Nancy R. Ritter, No. B-136523.
Application to the Bureau of Employment Security for unemployment compensation benefits. Application denied. Applicant appealed to the Unemployment Compensation Board of Review. Denial affirmed. Applicant filed petition for review with the Commonwealth Court of Pennsylvania. Held: Affirmed.
George H. Hoffman, for petitioner.
Susan Shinkman, Assistant Attorney General, with her Robert P. Kane, Attorney General, for respondent.
This case is before us upon a petition for review of an order of the Unemployment Compensation Board of Review (Board) dated November 4, 1976. The Board's order denies benefits to Nancy R. Ritter (Claimant) because she was not available for work as required by Section 401(d) of the Unemployment Compensation Law, 43 P. S. § 801(d).
Act of December 5, 1936, Second Ex. Sess. P.L. (1937) 2897, as amended, 43 P. S. § 751 et seq.
Claimant had been employed by the West Mifflin School District, Allegheny County, Pennsylvania, as a permanent substitute teacher, without a contract, until June 6, 1975, at which time she had a valid termination of her employment and began receiving unemployment compensation benefits.
On July 14, 1975, Claimant signed a contract with the School District to work as a full-time teacher beginning on August 28, 1975. On September 12, 1975, the Bureau of Employment Security issued a determination that Claimant was ineligible for benefits subsequent to July 14, 1975, the date she signed her teaching contract. The Claimant appealed the Bureau decision. After a full hearing, the referee issued an order on November 6, 1975, affirming the Bureau's determination. The Claimant thereupon appealed the referee's order, and after considering the entire record, the Board affirmed the referee's decision.
At the hearing before the referee, Claimant testified that after she signed her contract on July 14, 1975, she would not have accepted any employment which would have interfered with the effective starting date of her teaching position on August 28, 1975.
The Board concluded that after July 14, 1975, the Claimant exhibited an unwillingness to accept permanent suitable employment with another employer unless she could return to her employment with the West Mifflin School District on August 12, 1975.
We have held that a Claimant, in order to qualify for unemployment compensation benefits, must demonstrate a willingness to accept permanent suitable employment with another employer without being subject to recall. Dingel v. Unemployment Compensation Board of Review, 14 Pa. Commw. 484, 322 A.2d 731 (1974). In Calvano v. Unemployment Compensation Board of Review, 29 Pa. Commw. 79, 368 A.2d 1367 (1977), we held, in an opinion by Judge BLATT, that "school employees are ineligible for unemployment benefits during the summer months because they are not then available for suitable work without limitation and they are not, therefore, actually and permanently attached to the labor force."
In the instant case, by her own admission, Claimant was not genuinely and realistically attached to the labor force and, therefore, was not available for suitable work as required by Section 401(d) of the law.
The order of the Board is supported by substantial evidence. We affirm.
ORDER
AND NOW, this 28th day of February, 1978, the order of the Unemployment Compensation Board of Review denying benefits to Nancy R. Ritter is hereby affirmed.