PA Chamber Urges Court to Overturn Adverse UC Ruling

6 November 2005

The Pennsylvania Chamber of Business and Industry, along with other business organizations, recently filed a "friend of the court" brief urging the state Supreme Court to overturn a lower court ruling requiring employers to be represented by attorneys at informal unemployment compensation appeals hearings.

Pennsylvania's UC statute expressly allows non-attorney representation for claimants, but is silent with respect to employers. However, the practice of employers using non-attorneys had been permitted prior to a Commonwealth Court decision this past February.

"The court's decision to change how appeals are handled disrupted the process and resulted in increased costs, a particular burden for small businesses," said Brian Kelly, PA Chamber director of government affairs.

While the General Assembly subsequently enacted remedial legislation (Act 5 of 2005) restoring an employer's right to use a non-attorney representative, a separate constitutional challenge to that law is expected on the grounds that representation in UC proceedings constitutes the "practice of law," which the court believes falls strictly within its purview.

Kelly said the Chamber's amicus brief outlines the negative impact of Commonwealth Court's ruling and urges the state Supreme Court to ensure that both employers and employees are treated equally in UC proceedings by giving them the same rights to representation.

The Chamber filed the brief with the Society for Human Resource Management, National Federation of Independent Business, and the Association of Unemployment Tax Organizations.

The Pennsylvania Chamber of Business and Industry is the state's largest broad-based business association, with more than 9,000 members covering all 67 counties. More information is available on the Chamber's website at www.pachamber.org.

The PA Chamber of Business and Industry logo is available at:http://media.primezone.com/prs/single/?pkgid=353

CONTACT: The Pennsylvania Chamber of Business and Industry
Lesley Smith, Director of Communications
(717) 720-5446

Source: Prime Zone

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