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BOYERTOWN BURIAL CASKET CO. v. COMMONWEALTH (03/19/51)

THE SUPREME COURT OF PENNSYLVANIA


March 19, 1951

BOYERTOWN BURIAL CASKET CO., APPELLANT,
v.
COMMONWEALTH

Appeals, Nos. 9 and 10, May T., 1951, from orders of Court of Common Pleas of Dauphin County, Commonwealth Docket, 1948, Nos. 139 and 140, in case of Boyertown Burial Casket Co., v. Commonwealth of Pennsylvania. Orders affirmed.

COUNSEL

Henry S. Drinker, with him Henry W. Sawyer, 3rd, Eliot B. Thomas, Lewis H. Van Dusen, Jr., and Drinker, Biddle & Reath for appellant.

Morely W. Baker, Special Deputy Attorney General, with him Charles J. Margiotti, Attorney General, for appellee

Before Drew, C.j., Stern, Stearne, Jones, Bell and Ladner, JJ.

[ 366 Pa. Page 592]

OPINION PER CURIAM

The respective orders appealed from are affirmed on the opinion of Judge SMITH for the court below.

Orders affirmed.

Disposition

The respective orders appealed from are affirmed on the opinion of Judge SMITH for the court below.

Orders affirmed.

STATEMENT OF CASE FOOTNOTES

1 Benefit rights of the Company's striking employees were determined under the provisions of section 402 (d) of the Pennsylvania Unemployment Compensation Law as amended by section 9 of the Act of May 29, 1945, P.L. 1145, then in force, which section provided as follows: "Section 402. Ineligibility for Compensation. -- An employee shall be ineligible for compensation for any week --... "(d) In which his unemployment is due to a voluntary suspension of work resulting from an industrial dispute, at the... premises at which he... was last employed: Provided, That this disqualification shall apply only to any week of unemployment which, in whole or in part, includes any part of the period beginning with the day on which such suspension occurs and ending with (i) the last day of the fourth calendar week immediately following the calendar week in which such suspension occurs, or (ii) the day on which such suspension was terminated, whichever is the earlier".

2 By virtue of the provisions of the Act of June 10, 1947, P.L. 498, and the Act of July 9, 1947, P.L. 1469, the Company's contribution rate, as determined by the Bureau, was reduced to 1.5% for the second, third and fourth quarters of 1947 and 1% for the year 1948.

3 Neither the 1947 Amendment to section 402(d) of the Act (P.L. 1186) whereunder payment of unemployment compensation in industrial dispute cases was abolished nor the 1949 Amendment to section 4 (y) thereof (P.L. 1854) excluding from the term "Wages of a Compensated Employe" unemployment benefits paid to strikers apply to the instant appeals.

4 Act of May 26, 1943, P.L. 639, sec. 301 (a) (4); Act of May 29, 1945, P.L. 1145, sec. 301 (a) (3); sec. 301 (b); Act of June 10, 1947, P.L. 498, sec. 301 (A) (B).

5 Defined by section 4 (y), as amended by Act of May 29, 1945, P.L. 1145.

5a Defined by section 4 (y), as amended by Act of May 29, 1945, P.L. 1145.

6 Defined by section 4 (k), as amended by Act of May 29, 1945, P.L. 1145 and Act of June 10, 19478 P.L. 498.

7 Defined by section 4 (s), as amended by Act of May 29, 1945, P.L. 1145 and Act of June 10, 1947, P.L. 498.

8 Section 4 (e), as amended by Act of May 29, 1945, P.L. 1145.

9 If there is any conflict between the special provisions of section 402 (d) of the Act in force in 1946 allowing benefits to strikers after a penalty period and the general provisions of section 3, (43 PS 752), the title to which is "Declaration of public policy", stating that "involuntary unemployment" is the evil which the law is designed to remedy and that the general welfare and the public good require provision for the payment of benefits to persons "unemployed through no fault of their own", the special provisions of section 402 (d) take precedence over the general provisions of section 3. See Statutory Construction Act of 1937, P.L. 1019, Sections 63 and 64 (46 PS 563, 564).To the same effect see Bonomo Unemployment Compensation Case, 161 Pa. Superior Ct. 622.

10 Lawrence Baking Co v. Michigan Unemployment Compensation Commission, (Mich.) 13 N.W. 2d 260; Tennessee Enamel Mfg. Co. v. Hake, Commissioner, (Tenn.) 194 S.W. 2d 468; W.H.H. Chamberlin, Inc. v. Andrews, Industrial Commissioner, et al., (N.Y.) 2 N.E. 2d 22; Fidelity-Philadelphia Trust Company et al. v. Hines, 337 Pa. 48, 10 A.2d 553; Commonwealth v. Perkins, 342 Pa. 529, 21 A.2d 45, affirmed by the United States Supreme Court, 314 U.S. 586; Department of Labor and Industry v. New Enterprise Rural Electric Cooperative, Inc., 352 Pa. 413, 43 A.2d 90; Carmichael v. Southern Coal & Coke Company, 301 U.S. 494; Charles C. Steward Machine Company v. Davis, 301 U.S. 548. See also annotations in 109 A.L.R. 1346, and 118 A.L.R. 1220.

11 Commonwealth ex rel. Schnader v. Liveright, 308 Pa. 35; Retirement Board of Allegheny County v. McGovern, 316 Pa. 161; Turco Paint & Varnish Company v. Kalodner, 320 Pa. 421; Commonwealth v. Stofchek, 322 Pa. 513; Kelley v. Earle, 325 Pa. 337; Poor District Case (No. 1), 329 Pa. 390; Annenberg v. Roberts, 333 Pa. 203; Hadley's Case, 336 Pa. 100; Equitable Loan Society, Inc. v. Bell, 339 Pa. 449; Bethlehem School District Appeal, 351 Pa. 433; Commonwealth v. American Gas Company, 352 Pa. 113. See also Stephano Brothers v. Secretary of Revenue, 54 Dauphin County Reports 157, 160-3.

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