Ronald, Souser, Souser, Schumacker, Kleeb & Lunkenheimer, Philadelphia, for appellant.
William L. Hammond, Sp. Deputy Atty. Gen., Frank F. Truscott, Atty. Gen., for appellee; M. H. Goldstein, Philadelphia, for intervenors.
Before Rhodes, P. J., and Hirt, Ross, Gunther, Wright, and Ervin, JJ.
[ 175 Pa. Super. Page 403]
The decision and order of the Unemployment Compensation Board of Review is reversed. The opinion of the Court will be filed at a later date.
The question in this appeal is whether 642 employes of the Philco Corporation are entitled to unemployment compensation benefits for any part of the vacation period between July 28, and August 10, 1952, when that employer shut down its plant for vacation purposes. It is agreed that the claim of Christine E. McCullough in the proceedings before the unemployment compensation authorities was typical both on the facts and the law, and is determinative of all the above claims. Her last day of employment immediately
[ 175 Pa. Super. Page 404]
prior to the shut down was July 25, 1952. The referee in a well reasoned decision denied benefits under §§ 402(b) and 401(d) of the Unemployment Compensation Law of December 5, 1936, Second Ex.Sess., P.L. (1937) 2897, as amended, 43 P.S. §§ 802(b), 801(d). The Board however reversed and awarded compensation as claimed.
All of the claimants are members of one or the other of locals 101 or 102 of Radio and Television Workers Union, IUE-CIO. These unions were the collective bargaining agents for the claimants as to conditions relating to their employment. The subsisting agreements between Philco Corporation and each of the locals are identical in all material respects and provide for vacations with pay for various classes of employes based upon seniority in service.*fn1 The present claimants had less than three years of service and accordingly failed either to qualify for any vacation pay, or qualified for less than full pay for ...