| LOWER APPEALS DECISION
DECISION
| DECISION DATE: 12/14/82 |
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| CLAIMANT: Darrell M. Beech |
APPEAL NO.: 14144 |
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| EMPLOYER: Baltimore City |
L. O. NO.: 1 |
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APPELLANT: Claimant |
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Issue: Whether the claimant is eligible for benefits within the meaning of Section
4(f)(3) of the Law.
- NOTICE OF RIGHT TO PETITION FOR REVIEW -
ANY INTERESTED PARTY
TO THIS DECISION MAY REQUEST A REVIEW AND SUCH PETITION FOR REVIEW
MAY BE FILED IN ANY EMPLOYMENT SECURITY OFFICE, OR WITH THE APPEALS
DIVISION, ROOM 515, 1100 NORTH EUTAW STREET, BALTIMORE, MARYLAND
21201, EITHER IN PERSON OR BY MAIL.
THE PERIOD FOR FILING A PETITION FOR REVIEW EXPIRES AT MIDNIGHT ON Dec. 29, 1982.
APPEARANCES
For the Claimant:
Present |
For the Employer:
Present Charles Spinner, Personnel Technician Supervisor
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FINDINGS OF FACT
The claimant first held
employment as a Substitute Teacher, on December 1,1981 and was
entered on the books of the employer as an employee on November
17, 1981. At the close of the 1981-82 academic year, the claimant
worked on the last day of school, June 27, 1982. The claimant
last performed services as a substitute teacher on November 26,
1982, and is listed as “current ”on the employer’s books.
The claimant enters into the record a statement from the principal
of the Victory Elementary School where he taught certifying the
date of his completion of substitute services in June 1982. The
last sentence of the Letter states “He will not resume employment
at the Baltimore City Public Schools”.
CONCLUSIONS OF LAW
Section 4 (f )(3) provides,
in substance, that a claimant is not eligible for benefits based
upon employment performed in an instructional, research, or principal
administrative capacity for an educational institution for a period
of paid sabbatical leave provided for by contractor where the
leave of employment occurs between two successive academic years
and where there is reasonable assurance (though not necessarily
a guarantee) that the individual will perform similar services
in the following academic year.
The evidence in the
instant case demonstrates that there was reasonable assurance
that the claimant, employed in a substitute teacher capacity,
and whose unemployment occurred between two successive academic
years would be offered similar employment upon the resumption
of the academic year and, in fact, was offered and accepted such employment.
DECISION
The claimant had reasonable
assurance, under Section 4 (f ) (3) of the Maryland Unemployment
Insurance Law, of performing services for an educational institution
in an academic year beginning September 1982. He is disqualified
from receiving benefits based on service with the Baltimore City
Public Schools from June 27, 1982, until the beginning of the
academic year in September 1982.
Louis Wm. Steinwedel
APPEALS REFEREE
Date of hearing: 12/1/82
rc
(6734 )
Copies mailed to:
Claimant
Employer
Unemployment Insurance - Baltimore
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