SLIPPERY ROCK AREA v. UNEMPLOYMENT COMP.

No. 14 WAP 2009.

983 A.2d 1231 (2009)

SLIPPERY ROCK AREA SCHOOL DISTRICT v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW Appeal of Commonwealth of Pennsylvania, Department of Labor and Industry.

Supreme Court of Pennsylvania.

Decided November 30, 2009.


Attorney(s) appearing for the Case

Christopher George Giovanis, Sean F. Creegan, PA Department of Labor & Industry, for Commonwealth of Pennsylvania Department of Labor and Industry

Michael David Hnath, Dillon McCandless King Coulter & Graham L.L.P., for Slippery Rock Area School District.

Gerard Matthew Mackarevich, Maribeth Wilt-Seibert, PA Unemployment Compensation Board of Review, for Unemployment Compensation Board of Review.

Paul N. Lalley, Levin Legal Group, P.C., for Pennsylvania School Boards Association Insurance Trust, amicus curiae.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, GREENSPAN, JJ.


OPINION

Justice GREENSPAN.

This appeal presents the question of whether a substitute school teacher was entitled to receive unemployment benefits for the summer vacation period between the 2006-07 and 2007-08 academic years under Section 402.1(1) of the Unemployment Compensation Act (the Act).1 In an en banc opinion, the Commonwealth Court held that as a long-term substitute returning in the second academic year...

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