Opinion
Argued February 2, 1984
December 13, 1984.
Unemployment compensation — Fault — Scope of appellate review — Violation of constitutional rights — Error of law — Findings of fact — Substantial evidence — Failure to obtain teaching certificate.
1. Under provisions of the Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897, an applicant may properly be denied benefits when she was not unemployed through no fault of her own. [407]
2. In an unemployment compensation case review by the Commonwealth Court of Pennsylvania is to determine whether constitutional rights were violated, an error of law was committed or findings were unsupported by substantial evidence. [408]
3. A teacher whose employment is terminated, when her emergency teaching certificate expired, because she failed to obtain the credits necessary to qualify for a permanent certificate may properly be denied unemployment compensation benefits when her unemployment resulted from her own fault in delaying her pursuit of the needed credits. [408-9]
Judge COLINS filed a dissenting opinion which was substantially as follows:
1. The failure of a teacher to complete courses necessary to obtain a permanent teaching certificate when she was led to believe that an emergency certificate would be reissued if she merely began the final course by the beginning of the school year does not constitute a shortcoming, wilful misconduct or a specific statutory violation precluding her receipt of unemployment compensation benefits when she becomes unemployed because such certificate was not reissued. [409]
Argued February 2, 1984, before Judges CRAIG, COLINS and DOYLE, sitting as a panel of three. Reargued September 11, 1984, before President Judge CRUMLISH, JR., and Judges ROGERS, WILLIAMS, JR., CRAIG, MacPHAIL, BARRY and COLINS.
Appeal, No. 2089 C.D. 1982, from the Order of the Unemployment Compensation Board of Review in case of In Re: Appeal of Mary N. Jones, No. B-208528.
Application with the Office of Employment Security for unemployment compensation benefits. Benefits awarded. Employer appealed. Benefits denied. Applicant appealed to the Unemployment Compensation Board of Review. Denial affirmed. Applicant appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed.
Thomas Scott, with him, Lynne L. Wilson and Catherine C. O'Toole, for petitioner.
Richard F. Faux, Associate Counsel, with him, Charles Hasson, Acting Deputy Chief Counsel, for respondent.
We affirm the decision of the Unemployment Compensation Board of Review which upheld a referee's order denying benefits to Mary Jones pursuant to Section 3 of the Unemployment Compensation Law because she was not "unemployed through no fault of [her] own."
Section 3 of the Unemployment Compensation Law, Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P. S. § 752, provides:
Economic insecurity due to unemployment is a serious menace to the health, morals, and welfare of the people of the Commonwealth. . . . Security against unemployment and the spread of indigency can best be provided by the systematic setting aside of financial reserves to be used as compensation for loss of wages by employes during period when they become unemployed through no fault of their own. . . . The Legislature, therefore, declares . . . the compulsory setting aside of unemployment reserves to be used for the benefit of persons unemployed through no fault of their own. (Emphasis added.)
On appeal, Jones' major contention is that the Board erred as a matter of law in determining that her unemployment was due to her fault. Jones, a teacher, was employed with an emergency teaching certificate. Additional credits were required before a permanent certificate could be issued. She was terminated for failure to attain proper permanent certification, due to her delay in pursuing the needed credits.
It is now well settled that Section 3 provides an independent ground for disqualification from benefits. Corbacio v. Unemployment Compensation Board of Review, 78 Pa. Commw. 70, 74, 466 A.2d 1117, 1119 (1983). Individuals disqualified under Section 3 are those who are unemployed through their own fault, arising from a non-work related incident. Dombroskie v. Unemployment Compensation Board of Review, 45 Pa. Commw. 546, 551, 405 A.2d 1044, 1046 (1979). The term "fault" requires at least a shortcoming, but need not entail a serious crime. Strokes v. Unemployment Compensation Board of Review, 29 Pa. Commw. 584, 589, 372 A.2d 485, 487 (1977), aff'd, 487 Pa. 448, 409 A.2d 854 (1980). Pursuant to Section 704 of the Administrative Agency Law, 2 Pa. C. S. § 704, this Court's review is limited to determining whether there was a violation of constitutional rights or an error of law and whether the referee's findings are supported by substantial evidence. Corbacio, 78 Pa. Commw. at 72, 466 A.2d at 1118.
Although Jones argues that she is entitled to benefits because her conduct arose from a work-related incident and did not amount to willful misconduct, this Court has noted that a work-related incident must occur within the course of employment. Dombrowskie, 45 Pa. Commw. at 551-52, 405 A.2d at 1046. Our review of the record reveals that Jones' failure to attain the necessary credits occurred outside her course of employment.
A review of the record discloses that from May of 1980 until her termination on February 5, 1982, Jones completed only six of the nine credit hours she needed to receive a permanent certificate. Her emergency certificate expired on August 20, 1981. Although she claimed that the Department of Education told her in July of 1981 that enrollment in a three-credit correspondence course would entitle her to a reissued emergency certificate, other testimony indicates that the Department allowed Jones to teach during the Fall term of 1981 only because it believed she had nearly finished the course. Such questions concerning the credibility of the witnesses and the weight to be accorded the evidence are left to the Board. Rosenberger v. Unemployment Compensation Board of Review, 31 Pa. Commw. 455, 459, 376 A.2d 1018, 1021 (1977).
Jones' delay is at least a shortcoming, for which she has not shown good cause. The Board has committed no error of law and there is substantial evidence to support its conclusion that her unemployment was due to her fault.
Affirmed.
ORDER
The order of the Unemployment Compensation Board of Review, No. B-208528 dated July 30, 1982, is affirmed.
I must respectfully dissent. I do not believe that petitioner's behavior here characterized by the majority as "at least a shortcoming, for which she has not shown good cause," is enough to constitute fault as intended by Section 3.
Ms. Jones had completed two of the three courses required in order for her to receive a permanent certification. She had enrolled in the third course but had not completed it by February 1982. She had been led to believe that she could obtain a reissued Emergency Certificate if she had begun the final course by the beginning of the school year. (She did complete the course by April 2, 1982).
Our Supreme Court, in Penn Hills School District v. Unemployment Compensation Board of Review, 496 Pa. 620, 625, 437 A.2d 1213, 1215 (1981), clearly required that "an unemployed worker can be denied benefits only by explicit language in the Act, which clearly and plainly excludes that worker from its coverage." (Emphasis in original.)
Petitioner's failure to gain certification is not specifically enumerated in any section of the Act, nor is it alleged to be willful misconduct. In view of the ameliorative intent of the Act, I believe that petitioner's inaction does not constitute fault within Section 3, and does not fit within any of the enumerated exclusions of the Act. Therefore, she should be allowed to receive benefits.