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CLIMAX FIRE BRICK CO. v. UNEMPLOYMENT COMPENSATION BOARD REVIEW. LAVELY V. UNEMPLOYMENT COMPENSATION BOARD REVIEW. (LAVELY UNEMPLOYMENT COMPENSATION CASE.) (03/14/50)

March 14, 1950

CLIMAX FIRE BRICK CO.
v.
UNEMPLOYMENT COMPENSATION BOARD OF REVIEW. LAVELY V. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW. (LAVELY UNEMPLOYMENT COMPENSATION CASE.)



COUNSEL

Allen H. Berkman, Pittsburgh, Robert Engel, Pittsburgh, for Climax brick co.

H. Ray Pope, Jr., Clarion, for appellant Lavely.

Richard H. Wagner, Associate Counsel, Harrisburg, William L. Hammond, Special Deputy Attorney General, T. McKeen Chidsey, Attorney General, for appellee Unemployment Compensation Board of Review.

Before Rhodes, P. J. and Reno, Dithrich, Ross and Fine, JJ.

Author: Reno

[ 166 Pa. Super. Page 482]

RENO, Judge.

This is the second appearance in this Court of the case which was reported sub. nom. Lavely Unemployment Compensation Case, Lavely v. Unemployment Compensation Board of Review, 163 Pa. Super. 66, 60 A.2d 352. In that decision we reversed the board's denial of benefits and remanded the record for adequate and consistent findings of fact. After taking additional testimony the board formulated new findings of fact and rendered a decision awarding benefits to the claimant Lavely. The employer, The Climax Fire Brick Company, hereafter called Climax, appealed and although the

[ 166 Pa. Super. Page 483]

    award is in his favor, claimant has also appealed, alleging that he is aggrieved by certain findings of fact. Each party has been permitted to intervene as an additional appellee in the opponent's appeal.

The board's revised findings, fairly summarized, establish the following facts. Claimant is a brick molder employed by Climax, and with other employes (whose claims will also be settled by this decision) is a member of United Construction Workers, Local No. 381, an affiliate of the United Mine Workers of America, and hereafter called the Union. Climax manufactures brick and other clay products and at the time here involved employed approximately 142 persons.

Climax and the Union had a wage agreement which expired March 30, 1947, but which, by mutual agreement, was extended to April 30, 1947, so that the parties might further negotiate for a new contract. The original contract and the extension were executed for the Union by Peter Ferrara, a regional director of Union Construction Workers.

Pursuant to the Smith-Conally Act, 50 U.S.C.A.Appendix, ยง 1501 et seq., a thirty-day strike notice, effective midnight, May 4, 1947, was sent to Climax by Ferrara for the Union. During the thirty-day period negotiations continued in which the Union was represented by Ferrara and a committee of which claimant was a member. No agreement was reached, and at the last meeting held on April 26, 1947, Ferrara stated that the Union men would cease work on May 4. The board found specifically that Ferrara was authorized to act on behalf of the Union and that the committee, including claimant, was present and made no objection to the statement.

During the afternoon of April 30 Climax's foreman notified claimant that upon completion of his particular job his work would be finished. On May 1 and 2 various other employes were similarly notified. On May 1 ...


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