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

> Commonwealth Court of Pennsylvania · June 5, 1981 · 59 Pa. Commw. 510

URL: https://www.frixlaw.com/law-library/cases/6367435

## Case

- **Full name:** Mountain View School District v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review
- **Court:** Commonwealth Court of Pennsylvania
- **Decided:** June 5, 1981
- **Citations:** 59 Pa. Commw. 510; 436 A.2d 1225; 1981 Pa. Commw. LEXIS 1516
- **Precedential status:** Published
- **Opinion:** Concurrence by Mencer
- **Judges:** Craig, Mencer, Williams
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6367435

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6367435. Public record. Not legal advice.