Preziosi v. Department of Employment Sec., Bd. of Review

• Decision Date: 14 July 1987
• Docket Number: Nos. 85-465-M,s. 85-465-M
• Citation: 529 A.2d 133
• Parties: 40 Ed. Law Rep. 1200 Nancy PREZIOSI et al. v. DEPARTMENT OF EMPLOYMENT SECURITY, BOARD OF REVIEW. Annette PURRO 1 et al. v. DEPARTMENT OF EMPLOYMENT SECURITY, BOARD OF REVIEW. P., 86-392-M.P.
• Court: Rhode Island Supreme Court

Page 133

529 A.2d 133

40 Ed. Law Rep. 1200

Nancy PREZIOSI et al. v. DEPARTMENT OF EMPLOYMENT SECURITY, BOARD OF REVIEW.

Annette PURRO ¹ et al. v. DEPARTMENT OF EMPLOYMENT SECURITY, BOARD OF REVIEW.

Nos. 85-465-M.P., 86-392-M.P.

Supreme Court of Rhode Island.

July 14, 1987.

Richard Skolnik (Lipsey & Skolnik), Providence, for plaintiff.

Patricia Hurst, Providence, for Providence School Dept.

OPINION

SHEA, Justice.

This consolidated action is before this court following our grant of petitions for writs of certiorari filed pursuant to G.L.1956 (1984 Reenactment) § 42-35-16, as amended by P.L.1984, ch. 167, § 4 of the Administrative Procedures Act. In 85-465-M.P., the thirty-eight petitioners taught within the Providence Public School System during the 1983-84 school year. All applied for unemployment compensation at the end of that school year and were denied benefits by a Department of Employment Security (DES) referee. Both the DES Board of Review and the Sixth Division District Court affirmed the referee's decision. The petitioners now seek review of the decision of the District Court judge upholding the decision of the board of review that denied unemployment compensation to all thirty-eight petitioners.

In 86-392-M.P. the eleven respondents were substitute teachers employed by the Providence School Department during the 1982-1983 academic year. Each were denied between term benefits by DES Referee and Board of Review. However, the Sixth District Court reversed Board of Review decision and awarded benefits to the petitioners.

All of the petitioners may be divided into three classes of substitute teacher: long-term substitute(s) by appointment (LTS), long-term substitute(s) in pool (LTS in pool) and per diem substitute(s). The LTS attained their status by virtue of the fact that they received a long-term assignment to fill the position of a regular teacher on leave for the greater part of a term or for the entire year. The evidence presented at the DES hearing demonstrated that the election of an LTS is for an indefinite period within a stated term and does not continue beyond that term unless the election is extended by the school board.

The LTS in pool attained their status by virtue of the fact that they teach for a total of 135 days or more during one school year. Upon reaching the 135th day, the teacher achieves LTS-in-pool status. The election of an LTS in pool is also for an indefinite period within the school year and that period does not extend beyond the stated term unless it is extended by the school board.

All eleven respondents in 86-392-M.P. were LTS in Pool. Three of the thirty eight petitioners in 85-465-M.P. were per diem substitutes and the remainder were long term substitutes, either LTS or LTS in Pool.

Per diem substitutes are substitute teachers who teach fewer than 135 days during a school year. The LTS and LTS in pool receive full salary, based on an annual salary commensurate with each individual's education and seniority. The LTS receive the salary and benefits from the beginning of their appointments, and LTS in pool receive them retroactively upon teaching 135 days or more. Per diem substitutes receive a flat pay rate of $35 per day without benefits.

In February 1984 the LTS who are petitioners in 85-465-M.P. received a letter from the superintendent of schools informing them that their employment as long-term substitutes would terminate as of the last day of the 1983-84 school year. The letter also informed each LTS that if he or she wished, he or she may "be given preference for an appointment as long-term substitute or probationary teacher when a vacancy appears in your area of certification. In addition, if neither of the above situations exist, day-to-day substitution in your area of certification will be made available to you." The only communication sent to each LTS in pool was the letter informing each one of his or her appointment. The letter also informed them all that their new-found status of LTS in pool would be for an indefinite period and would not extend beyond the term. Per diem substitutes received no formal communication regarding either their present status or their future employment; they would continue instead to be called on an as-needed basis.

General Laws 1956 (1986 Reenactment) § 28-44-68, relating to benefit payments for services with educational institutions, states in pertinent part:

"With respect to services performed * * * in an instructional, research, or principal administrative capacity for an educational institution * * * benefits shall not be paid based on those services for any week of unemployment commencing during the period between two (2) successive academic years * * * to any individual if that individual performs those services in the first of such academic years * * * 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 those academic years or terms."

All thirty-eight petitioners in 85-465-M.P. were denied unemployment compensation soon after the close of the 1983-84 school year because the DES referee found that they had reasonable assurance that they would perform services during the upcoming academic year. The decision of the referee was upheld by the DES Board of Review, whose decision was affirmed by a District Court judge for the Sixth Division. The respondents in 86-392-M.P., however, were granted benefits in a decision rendered in the Sixth District Court that reversed the DES Board of Review.

When we review a lower-court judgment on a petition for certiorari, our inquiry is limited to determining whether the record reflects evidence, or reasonable inferences that may be drawn therefrom, to support the findings of the tribunal whose decision is being reviewed. Guarino v. Department of Social Welfare, 122 R.I. 583, 588-89, 410 A.2d 425, 428 (1980). We agree with the finding of the District Court judge in 85-465-M.P. that the LTS in that case received reasonable assurance of work by virtue of the termination letters dated February 1984. Each letter informed the addressee that he or she either would be considered for another LTS appointment for the upcoming year or would be called for day-to-day substitution. This letter constitutes evidence of reasonable assurance of future service with the school department; therefore, benefits were properly denied. As additional assurance, the LTS were given preference for appointment as probationary teachers when permanent vacancies occurred in their area of certification under the terms of the collective-bargaining agreement between the Providence Teachers' Union AFT Local No. 958 and the Providence School Committee for the years 1982-85 (the agreement).

The petitioners in 85-465-M.P. have argued that although they may have had reasonable assurance of future employment, that employment was not in the same capacity as that in which they had served during the preceding year. Because of the tremendous difference in salary and benefit packages between the LTS and per diem substitutes, LTS petitioners argue that they are not assured of the same status for the upcoming school year since they may have to accept per diem status with its minimal pay and lack of benefits. We do not agree.

The classifications of LTS, LTS in pool, and per diem substitute are included under the general heading of substitute teacher as distinct from the heading of full-time teacher. The distinct classifications may entitle the particular substitute to more pay and a benefit package by virtue of the number of days served as a substitute teacher. These added benefits are mandated by the agreement and by G.L.1956 (1981 Reenactment) § 16-16-1(2), as amended by P.L.1985, ch. 258, § 1 and § 16-7-29. See Berthiaume v. School Committee of Woonsocket, 121 R.I. 243, 248, 251-52, 397 A.2d 889, 892-93, 894-95 (1979). In Berthiaume this court recognized the intent of the Legislature to reward substitute teachers monetarily who teach for more than 135 days in a school year for their years of service, training, and experience. Id. at 252, 397 A.2d at 895. Neither the agreement nor our statutes purport to redefine a substitute teacher's job status, however, simply because increased pay and benefits have been earned. The fact that a substitute works the required number of days one year does not guarantee that he or she will be given the opportunity to work the same number of days the next year. See Indianapolis Public Schools v. Review Board of Indiana Employment Security Division, 487 N.E.2d 1343 (Ind.App.1986) (substitute teacher with eligibility to teach certain number of days substantially reduced for upcoming term cannot collect unemployment benefits during summer term). Whether an individual serves as an LTS, LTS in pool, or per diem substitute during the school year, the classification terminates at the end of that year and the individual's name is returned to the substitute list until classifications may again be assigned or earned the following year. Consequently, regardless of their classifications at the end of the preceding year, substitutes need only a reasonable assurance that they will perform some type of substitute teaching in the upcoming year in order to be disqualified from receiving unemployment benefits during the summer term. See Patrick v. Board of Review, 171 N.J.Super. 424, 409 A.2d 819 (1979) (long-term substitute approved for per diem substitution for upcoming term ineligible for unemployment compensation during summer term); Slominski v. Employment Division, 77 Or.App. 142, 146-47, 711 P.2d 215, 217 (1985) (despite uncertainty concerning quantity of work...