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BURLESON v. UNEMPLOYMENT COMPENSATION BOARD REVIEW. (TWO CASES) (BURLESON UNEMPLOYMENT COMPENSATION CASE.) (07/14/53)

July 14, 1953

BURLESON
v.
UNEMPLOYMENT COMPENSATION BOARD OF REVIEW. (TWO CASES) (BURLESON UNEMPLOYMENT COMPENSATION CASE.)



COUNSEL

Max Rosenn, Harold Rosenn and Rosenn & Rosenn, Wilkes-Barre, for appellant.

William L. Hammond, Sp. Deputy Atty. Gen., Robert E. Woodside, Atty. Gen., for appellee.

Edward Darling and Bedford, Waller, Darling & Mitchell, Wilkes-Barre, for intervening appellee American Chain & Cable Co., Inc.

Before Rhodes, P. J., and Hirt, Reno, Dithrich, Ross, Gunther and Wright, JJ.

Author: Reno

[ 173 Pa. Super. Page 528]

RENO, Judge.

Claimant, Burleson,*fn1 an employe of the West Pittston Plant of the American Chain and Cable Company, Inc., intervening appellee, filed two separate appeals from two adverse decisions of the Unemployment Compensation Board of Review. The first (No. 49 October Term, 1951) involves a claim for benefits for the week ending January 29, 1950. The second (No. 12 February Term, 1953) relates to claims for 17 weeks from February 5 to May 28, 1950. The Board refused all the claims in accordance with the Unemployment Compensation Law, § 402(d), 43 P.S. § 802: 'An employe

[ 173 Pa. Super. Page 529]

    shall be ineligible for compensation for any week -- * * * (d) In which his unemployment is due to a stoppage of work, which exists because of a labor dispute (other than a lock-out) at the factory, establishment or other premises at which he is or was last employed: * * *.'

I. Labor Dispute. Unquestionably there was a stoppage of work. It commenced on December 9, 1949 and continued until May 25, 1950. The work stoppage existed because of a labor dispute and, as will be demonstrated, not because of a lock-out. These statements summarize the Board's findings, and they are amply supported by the evidence.

Claimant and 189 fellow-employes were members of Local No. 4150 of the United Steel Workers of America, C. I. O. A collective bargaining contract, called the Basic Agreement, covering wages and working conditions, had been executed on September 1, 1948 between the Company and the national officers of Steelworkers and the officers of the Local. This contract expired one year after its date and on August 25, 1949, it was extended until such time as either party should give 15 days' written notice of an intention to modify or terminate it. The extension contract was also executed by the Company, the national officers of the Steelworkers, and the officers of the Local.

On November 17, 1949, Philip Murray, national president of the Steelworkers, and the Company executed a contract which was intended as an extension of the term of the September 1, 1948 agreement to December 31, 1951, and provided a pension and insurance program.*fn2 The effect of the ...


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