SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
A-1472-99T5
LINDA WEBER-SMITH,
Plaintiff-Appellant,
v.
BOARD OF REVIEW, DEPARTMENT
OF LABOR and SOMERSET COUNTY,
Defendants-Respondents.
_________________________________
Submitted February 6, 2001 -- Decided February
22, 2001
Before Judges Pressler, Ciancia and Alley.
On appeal from the Board of Review, Department
of Labor, 99-A-15361-000-XO.
Appellant filed a pro se brief.
John J. Farmer, Jr., Attorney General,
attorney for respondent Board of Review,
Department of Labor (Michael J. Haas,
Assistant Attorney General, of counsel; Pamela
E. Schneider, Deputy Attorney General, on the
brief).
No brief has been filed on behalf of
respondent Somerset County.
The opinion of the court was delivered by
CIANCIA, J.A.D.
This is an appeal from a decision of the Board of Review
finding Linda Weber-Smith ineligible for unemployment benefits
because she had been employed by an educational institution and had
reasonable assurances that she would be reemployed the following
term. We now reverse the denial of benefits upon a determination
that there was no statutory preclusion applicable to appellant on
the facts presented.
The Board of Review found Weber-Smith ineligible based upon
the provisions of N.J.S.A. 43:21-4(g)(2). On appeal, the Attorney
General's brief states that the correct precluding portion of the
statute is actually N.J.S.A. 43:21-4(g)(1). For present purposes
this discrepancy is not material. The statutory provisions provide
in relevant part:
(1) With respect to service performed
after December 31, 1977, in an instructional
research, or principal administrative capacity
for an educational institution, benefits shall
not be paid based on such services for any
week of unemployment commencing during the
period between two successive academic years,
or during a similar period between two regular
terms, whether or not successive, or during a
period of paid sabbatical leave provided for
in the individual's contract, to any
individual if such individual performs such
services in the first of such academic years
(or terms) and if there is a contract or a
reasonable assurance that such individual will
perform services in any such capacity for any
educational institution in the second of such
academic years or terms;
(2) With respect to weeks of unemployment
beginning after September 3, 1982, on the
basis of service performed in any other
capacity for an educational institution,
benefits shall not be paid on the basis of
such services to any individual for any week
which commences during a period between two
successive academic years or terms if such
individual performs such services in the first
of such academic years or terms and there is a
reasonable assurance that such individual will
perform such services in the second of such
academic years or terms, . . . .
[N.J.S.A. 43:21-4(g)(1) and (2).]
At the telephone hearing conducted by an appeals examiner, the
facts were largely undisputed. Weber-Smith had been employed by
the Somerset County Vocational Board of Education and had worked at
the Somerset County Technical Institute since 1988. She had been
an adjunct professor, but over the most recent five-year period her
status had changed. She became a year-round, part-time employee
working twenty to perhaps thirty-four hours a week. She taught
computer classes and also served as a "lab administrator." Her
non-instructional duties included buying equipment, installing it
and advising her supervisors of appropriate upgrades. The
Technical Institute has a summer session and Weber-Smith worked
during the summer terms, with the exception of one month in the
summer of 1998. It is unclear from the record whether she received
unemployment benefits for that month.
The present claim concerns the summer of 1999. Weber-Smith
testified that an academic session ended in early May. She
continued to work past that date in her non-instructional capacity.
She was scheduled to teach classes starting on June 6 or 7.
Shortly before then, she was told the courses were canceled because
they were undersubscribed. Her last day of employment was June 4,
1999. She did not have an employment contract as such, but the
record certainly supports the agency's determination that at some
point during the summer Weber-Smith received assurances that
employment would be available to her in August or early September.
Weber-Smith testified that with the exception of that one month
during the 1998 summer, "I was working all year around, twenty
hours a week, unless the school was closed."
On these facts, the appeals examiner determined Weber-Smith
was ineligible for benefits:
The issue before this Tribunal is whether the
claimant was between terms. This Tribunal
concludes that although the claimant did not
have a contract, she did have reasonable
assurance that she would be recalled, if
needed, to do the same work for the following
school term. The aforementioned conclusion is
reached because of the claimant's work history
with this employer during her eleven (11)
years at the school. Therefore, the claimant
is ineligible for benefits from 06/06/99
through 09/11/99, in accordance with N.J.S.A.
43:21-4(g)(2), as she did have reasonable
assurance of reemployment with an educational
institution.
The Board of Review affirmed the Appeal Tribunal. It
concluded Weber-Smith had been given a "full and impartial" hearing
and stated that on the "basis of the record below" it agreed with
the decision reached by the Appeal Tribunal. It cited no statutory
authority and provided no separate analysis of the facts.
In our view the facts of Weber-Smith's employment do not fall
within either the letter or the spirit of the legislative
prohibitions expressed in N.J.S.A. 43:21-4(g)(1) or (2). Weber-
Smith was a twelve-month, part-time employee. She was not
unemployed "between two successive academic years or during a
similar period between two regular terms . . . " within the meaning
of the statute. She became unemployed during a summer term, having
worked summer terms over the prior four or five-year period, with
the one-month exception in 1998 previously noted.
The legislative statements relevant to these sections of
N.J.S.A. 43:21-4 speak in terms of denying benefits "during
vacation periods" to individuals employed by educational
institutions. Introductory Statement to S. 3347 (enacted as
L.1983, c.221). The apparent intent of the law was to address
those work circumstances that naturally entail periods of
unemployment subsequent to the end of an academic term and prior to
the assured renewal of employment at the start of the next academic
term. We can find no legislative intent to deny benefits to a
claimant such as Weber-Smith, who is a twelve-month employee. The
assurance of employment in August or September is not determinative
on these facts.
It has often been said that the Unemployment Compensation Law
is remedial in nature and must be liberally construed in light of
its beneficent purposes. Teichler v. Curtis-Wright Corp.,
24 N.J. 585, 592 (1957); Bodnarchuk v. Board of Review,
309 N.J. Super. 399, 403 (App. Div. 1998); Meaney v. Board of Review and Atlas
Floral Decorators, Inc.,
151 N.J. Super. 295, 298 (App. Div. 1977).
We are satisfied that the legislative intent expressed through the
Unemployment Compensation Law is best met by allowing benefits to
the claimant in the present case.
The final order of the Board of Review is reversed and the
matter is remanded for the award of unemployment benefits
consistent with this opinion.