OPINION BY
Judge MARY HANNAH LEAVITT.
The Department of Labor and'Industry, Office of Unemployment Compensation Benefits Policy (Office of UC Benefits), petitions for review of an adjudication of the. Unemployment Compensation Board of Review (Board) that reversed its decision to disqualify Peter B, Marshall (Claimant) from unemployment compensation benefits as of March 8, 2015. Section 401(b)(l)(i) of the Pennsylvania Unemployment Compensation Law (Law)3 requires claimants to register on-line for employment search -services within 30 days of ¡applying for benefits. The Department contends that Claimant did not meet this deadline and, thus, the Board erred in setting aside its disqualification of Claimant. The Board found, however, that Claimant demonstrated good cause for not registering on time. Discerning no error or abuse of discretion by the Board, we affirm.
On February 5, 2014, Claimant filed an application for unemployment compensation. The Office of UC Benefits sent Claimant a handbook that explained the new legal requirement that he register “for employment search services offered by the Pennsylvania CareerLink system or its successor agency within thirty (30) days after initial application for benefits.” 43 P.S. § 801(b).4 On February 26, 2014, the [599]*599Department sent Claimant a letter reminding- him of the registration requirement. On March 17, 2014, the Department notified Claimant that he was ineligible for benefits because he had not registered by March 8, 2014. Claimant appealed. His appeal stated, “I filed with the jobgateway link provided and have been receiving emails from Beyond.com. I believe I filed in the 30 day period.” Reproduced Record at 8 (R.R.-).5 ..
Claimant was the sole witness at the Referee hearing held on April- 10, 2014. No one appeared on behalf of the Office of UC Benefits. Claimant testified that he did not remember receiving the reminder letter, but he was aware of the registration requirement. Describing himself as “not very computer savvy,” he nonetheless believed1 he had successfully registered “right around the 8th.” R.R. 29a-30a. The following exchange took place between the Referee and Claimant:
R: Okay. And did you register for Work Search Services on or before March 8, 2014?
C: I’m not exactly sure of the date I registered but I did register. Well, 'I must have registered after the date because that’s why .I’m in this predicament.
R: Actually, according to our records you haven’t registered.
C: Really?
R: Um-hum.
C: Because I’ve been getting the emails from beyond.com.
R: I don’t know what beyond.com is.
C: It’s part of the Job Gateway.
R.R. 29a. Right after the Referee hearing, Claimant registered, successfully, with Job Gateway.
The Referee found that Claimant did not complete the required registration before the March 8th deadline. Nevertheless, the Referee sustained Claimant’s appeal, explaining as follows:
Claimant provided credible testimony at the hearing to establish that he believed he registered successfully because he has, and continues to receive job referrals from Beyond.com, which the Claimant also credibly testified was, to his understanding, affiliated with Qobgate-way.pa.gov.]. In the absence of any evidence to the contrary, the Referee cannot conclude sufficient evidence exists to establish the Claimant did not successfully register as required.
Referee Decision at 2 (emphasis added).
The Office of UC Benefits appealed to the Board.' The Board found, as fact, that the Department notified Claimant in 'its February 26, 2014, letter of the need to register by March 8th and when that was not done, Claimant received the notice of disqualification. However, the Board determined it was unreasonable to expect him to respond to the notice of disqualification with a second registration because it credited his testimony that he believed that he had properly completed his registration. Claimant believed that the Office of UC Benefits was simply mistaken as to the date of his on-line registration. The Board held that Claimant demonstrated good cause for his failure to register within 30 days of his application and affirmed the Referee.
[600]*600The Office of UC Benefits petitioned for this Court’s review.6 On appeal, it argues that Claimant’s failure to register by March 8, 2014, disqualified him from benefits until April 10, 2014, when, following the Referee hearing, he registered successfully. The Office of UC Benefits contends that the Board erred in otherwise holding because there is no affiliation between beyond.com and jobgateway.pa.gov. Further, even if Claimant believed he was registered, that misunderstanding should have been corrected by the letter of February 26, 2014, reminding him of the need to register by March 8, 2014.7
A failure of a claimant to register timely in accordance with Section 401(b)(l)(i) of the Law is not a per se violation that automatically disqualifies a claimant from unemployment compensation. Section 401(b)(6) of the Law provides that “[t]he [Department may waive or alter the requirements of this subsection in cases or situations with respect to which the secretary finds that compliance with such requirements would be oppressive or which would be inconsistent with the purposes of this act.” 43 P.S. § 801(b)(6).8 In Sharpe v. Unemployment Compensation Board of Review (Pa.Cmwlth., No. 431 C.D. 2014, 2014 WL 5341930, filed October 21, 2014), this Court addressed the Department’s ability to waive the registration requirement. We observed as follows:
During the promulgation of the Department’s regulations implementing Section 401(b), a commenter asked whether a “good cause” standard should be incorporated into the regulations. 43 Pa. B. 4730, 4735 (2013). The Department replied that in most cases where a “good cause” standard is applied, it is because it is directed by statute and that it would not adopt one on its own initiative. Id. However, the Department noted that, “if a claimant’s ‘good cause’ for noncompliance with the regulation also constitutes a reason why compliance ‘would be oppressive or ... inconsistent with the purposes of the law, the claimant’s circumstances could be addressed under the waiver provision in [S]ection 401(b)(6) of the [L]aw and [the regulation, 34 Pa.Code § 65.11(f)(6)].” Id.
Id. at 6-7. In short, where a claimant can show “good cause” for not registering on time, the Department may waive the time [601]*601requirement of Section-.401(b)(1)© of the Law,
The Law does not define “good cause,” and our Supreme Court- has established that -it “must be determined in each case from the facts of that case.” Barclay White Co. v. Unemployment Compensation Board of Review, 356 Pa. 43, 50 A.2d 336, 340 (1947). In each case, “good cause”-must be “so interpreted that the fundamental purpose of the [Law] shall not be destroyed.” Id.
Free access — add to your briefcase to read the full text and ask questions with AI
OPINION BY
Judge MARY HANNAH LEAVITT.
The Department of Labor and'Industry, Office of Unemployment Compensation Benefits Policy (Office of UC Benefits), petitions for review of an adjudication of the. Unemployment Compensation Board of Review (Board) that reversed its decision to disqualify Peter B, Marshall (Claimant) from unemployment compensation benefits as of March 8, 2015. Section 401(b)(l)(i) of the Pennsylvania Unemployment Compensation Law (Law)3 requires claimants to register on-line for employment search -services within 30 days of ¡applying for benefits. The Department contends that Claimant did not meet this deadline and, thus, the Board erred in setting aside its disqualification of Claimant. The Board found, however, that Claimant demonstrated good cause for not registering on time. Discerning no error or abuse of discretion by the Board, we affirm.
On February 5, 2014, Claimant filed an application for unemployment compensation. The Office of UC Benefits sent Claimant a handbook that explained the new legal requirement that he register “for employment search services offered by the Pennsylvania CareerLink system or its successor agency within thirty (30) days after initial application for benefits.” 43 P.S. § 801(b).4 On February 26, 2014, the [599]*599Department sent Claimant a letter reminding- him of the registration requirement. On March 17, 2014, the Department notified Claimant that he was ineligible for benefits because he had not registered by March 8, 2014. Claimant appealed. His appeal stated, “I filed with the jobgateway link provided and have been receiving emails from Beyond.com. I believe I filed in the 30 day period.” Reproduced Record at 8 (R.R.-).5 ..
Claimant was the sole witness at the Referee hearing held on April- 10, 2014. No one appeared on behalf of the Office of UC Benefits. Claimant testified that he did not remember receiving the reminder letter, but he was aware of the registration requirement. Describing himself as “not very computer savvy,” he nonetheless believed1 he had successfully registered “right around the 8th.” R.R. 29a-30a. The following exchange took place between the Referee and Claimant:
R: Okay. And did you register for Work Search Services on or before March 8, 2014?
C: I’m not exactly sure of the date I registered but I did register. Well, 'I must have registered after the date because that’s why .I’m in this predicament.
R: Actually, according to our records you haven’t registered.
C: Really?
R: Um-hum.
C: Because I’ve been getting the emails from beyond.com.
R: I don’t know what beyond.com is.
C: It’s part of the Job Gateway.
R.R. 29a. Right after the Referee hearing, Claimant registered, successfully, with Job Gateway.
The Referee found that Claimant did not complete the required registration before the March 8th deadline. Nevertheless, the Referee sustained Claimant’s appeal, explaining as follows:
Claimant provided credible testimony at the hearing to establish that he believed he registered successfully because he has, and continues to receive job referrals from Beyond.com, which the Claimant also credibly testified was, to his understanding, affiliated with Qobgate-way.pa.gov.]. In the absence of any evidence to the contrary, the Referee cannot conclude sufficient evidence exists to establish the Claimant did not successfully register as required.
Referee Decision at 2 (emphasis added).
The Office of UC Benefits appealed to the Board.' The Board found, as fact, that the Department notified Claimant in 'its February 26, 2014, letter of the need to register by March 8th and when that was not done, Claimant received the notice of disqualification. However, the Board determined it was unreasonable to expect him to respond to the notice of disqualification with a second registration because it credited his testimony that he believed that he had properly completed his registration. Claimant believed that the Office of UC Benefits was simply mistaken as to the date of his on-line registration. The Board held that Claimant demonstrated good cause for his failure to register within 30 days of his application and affirmed the Referee.
[600]*600The Office of UC Benefits petitioned for this Court’s review.6 On appeal, it argues that Claimant’s failure to register by March 8, 2014, disqualified him from benefits until April 10, 2014, when, following the Referee hearing, he registered successfully. The Office of UC Benefits contends that the Board erred in otherwise holding because there is no affiliation between beyond.com and jobgateway.pa.gov. Further, even if Claimant believed he was registered, that misunderstanding should have been corrected by the letter of February 26, 2014, reminding him of the need to register by March 8, 2014.7
A failure of a claimant to register timely in accordance with Section 401(b)(l)(i) of the Law is not a per se violation that automatically disqualifies a claimant from unemployment compensation. Section 401(b)(6) of the Law provides that “[t]he [Department may waive or alter the requirements of this subsection in cases or situations with respect to which the secretary finds that compliance with such requirements would be oppressive or which would be inconsistent with the purposes of this act.” 43 P.S. § 801(b)(6).8 In Sharpe v. Unemployment Compensation Board of Review (Pa.Cmwlth., No. 431 C.D. 2014, 2014 WL 5341930, filed October 21, 2014), this Court addressed the Department’s ability to waive the registration requirement. We observed as follows:
During the promulgation of the Department’s regulations implementing Section 401(b), a commenter asked whether a “good cause” standard should be incorporated into the regulations. 43 Pa. B. 4730, 4735 (2013). The Department replied that in most cases where a “good cause” standard is applied, it is because it is directed by statute and that it would not adopt one on its own initiative. Id. However, the Department noted that, “if a claimant’s ‘good cause’ for noncompliance with the regulation also constitutes a reason why compliance ‘would be oppressive or ... inconsistent with the purposes of the law, the claimant’s circumstances could be addressed under the waiver provision in [S]ection 401(b)(6) of the [L]aw and [the regulation, 34 Pa.Code § 65.11(f)(6)].” Id.
Id. at 6-7. In short, where a claimant can show “good cause” for not registering on time, the Department may waive the time [601]*601requirement of Section-.401(b)(1)© of the Law,
The Law does not define “good cause,” and our Supreme Court- has established that -it “must be determined in each case from the facts of that case.” Barclay White Co. v. Unemployment Compensation Board of Review, 356 Pa. 43, 50 A.2d 336, 340 (1947). In each case, “good cause”-must be “so interpreted that the fundamental purpose of the [Law] shall not be destroyed.” Id. The central purpose of Section 401(b) of the Law is to, require claimants to make “an active search for suitable employment” while collecting benefits. 43 P.S. § 801(b).
In Sharpe, the claimant challenged her disqualification of benefits for failure to complete an on-line registration for a job search. The Board proposed using the nunc pro time standard to determine when a timely registration requirement can be waived. This Court questioned the Board’s logic, noting that the nunc pro tunc standard was strict, as is appropriate in questions of jurisdiction. We suggested the more relaxed “good cause” standard, to which the Department had alluded in the public comments to its proposed regulation. Sharpe, slip op. at 7-8. Recognizing that the Board was entitled to deference in its interpretation of the Unemployment Compensation Law, we remanded the case to the Board.
As it explains in its brief, the Board has abandoned the nunc pro tunc standard for evaluating a waiver of the on-line registration time requirement. . Instead, it argues for a more relaxed standard, noting that not every claimant can be expected to be “computer savvy” and that a single keystroke mistake can fail to effect a registration. Further, registration cannot be done by letter or by phone call. The Board rejects the argument of the Office of UC Benefits in favor of a strict liability standard. The Board believes, instead, that a case-by-case examination of “good cause” is appropriate and consistent with the remedial and humanitarian objectives of the Law,9 which should not be frustrated “by slavish adherence to technical and artificial rules.” Lehr v. Unemployment Compensation Board of Review, 155 Pa.Cmwlth. 396, 625 A.2d 173, 175 (1993) (quoting Unemployment Compensation Board of Review v. Jolliffe, 474 Pa. 584, 379 A.2d 109, 110 (1977)).
The Board explains- that in on-line registration waiver cases, “good cause” should be considered in the same way it is used to mitigate willful misconduct. In [602]*602that context, good cause has been explained as follows:
[W]e must evaluate both the reasonableness of the employer’s request in light of all the circumstances, and the employee’s reasons for noncompliance. The employee’s behavior cannot fall within “wilful misconduct” if it was justifiable or reasonable under the circumstances, since it cannot then be considered to be in wilful disregard of conduct the employer “has a right to expect.” In other words, if there was “good cause” for the employee’s action, it cannot be charged as wilful misconduct.
McLean v. Unemployment Compensation Board of Review, 476 Pa. 617, 383 A.2d 533, 535 (1978) (emphasis added). The Board concluded that, here, using a reasonableness test, Claimant had good cause for his action,' or non-action.
Claimant believed that Beyond.com was affiliated with jobgateway.pa.gov, and the Office óf UC Benefits presented ho “evidence to the contrary.” Referee Decision at 2. In its brief, the Office of UC Benefits argues that there is no affiliation, but there is no evidence in the record to support this contention. The Board, as did the Referee, credited Claimant’s testimony that he believed he had ■ properly registered at www.jobgateway.pa.gov, and the Board is the ultimate finder of fact and credibility. Elser v. Unemployment Compensation Board of Review, 967 A.2d 1064, 1069 n. 8 (Pa.Cmwlth.2009). In light of Claimant’s credited testimony, the Board concluded that it was unreasonable to expect him to repeat his registration. Plainly, Claimant was not ducking registration. As soon as he learned from the Referee that-he was not registered, he responded. That very day. Because Claimant was receiving job ref¿rrals, it is clear that he was complying with the real purpose of Section 401(b), which is to ensure that a claimant “[i]s making an active search for suitable employment.” 43 P.S. § 801(b).
We agree with the Board’s case-by-case approach to evaluating whether a claimant had good cause for failing to timely register for employment search services under Section 401(b)(1)® of the' Law,' 43 P.S. § 801(b)(1)®. The Board reviewed the facts and exercised its judgment to conclude that good cause existed to waive the 30-day deadline for Claimant’s on-line registration. We agree and affirm its adjudication.
ORDER
AND NOW, this 7th day of January, 2016, the order of the Unemployment Compensation Board of Review dated August 19, 2014, at No. B-568166, is AFFIRMED.