Oliver

Plaintiff appeals from a judgment denying her petition for a writ of mandate to overturn an adverse decision of respondent board. We reverse.

Plaintiff was employed as a janitor from January 2, 1975, until July 30,1975, when she was discharged. Thereafter she filed with the NLRB a claim against her employer for unlawful discharge, and also filed a claim for unemployment insurance. She received unemployment insurance until August of 1976. In the *217 meantime her NLRB proceeding was settled by payment to her of an amount equal to her back pay. Although the settlement agreement recites that the employer does not admit any unfair labor practice, the respondent here concedes that the award was based on an unlawful practice.

Under the provisions of the unemployment insurance act, a period of time after a discharge but prior to filing of a claim is disregarded for determining the amount of insurance payable. However, under section 1277 of that code, a second claim for insurance may be filed, relying on the period so excluded in computing the first claim. That section, controlling here, reads as follows:

The position of respondents here, accepted by the trial court, is that…