Opinion

Mountain View School District v. Commonwealth, Unemployment Compensation Board of Review

  • 59 Pa. Commw. 510
  • 436 A.2d 1225
  • 1981 Pa. Commw. LEXIS 1516
Court
Commonwealth Court of Pennsylvania
Filed
Jun 5, 1981
Status
Published
Author
Mencer
On the bench
Craig, Mencer, Williams
Cited by
3 cases

The opinion

Concurring Opinion by

Judge Mencer :

I concur that under the facts of this case the claimants’ unemployment in question was the result of a lockout.

However, I would point out that the board of school directors of each school district is given the discretion of fixing the date of the beginning of the school term. Section 1504(a) of the Public School Code of 1949, Act of March 10, 1949, P.L. 30, as amended, 24 P.S. §15-1504(a). In a case where such discretion was exercised in good faith, school employees’ summer break could certainly be extended and school employees would be ineligible for unemployment compensation benefits during the extended summer recess period. Section 402.1 of the Unemployment Compensation Law, Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, added by Section 5 of the Act of July 6,1977, P.L. 41, 43 P.S. §802.1.

Judge Williams, Jr. joins in this concurring opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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