William L. Hammond, Sp. Deputy Atty. Gen., Frank F. Truscott, Atty. Gen., for appellee.
Before Rhodes, P. J., and Hirt, Ross, Gunther, Wright, Woodside and Ervin, JJ.
[ 176 Pa. Super. Page 349]
This appeal applies to fifty-eight employes of the Black Beauty Coal Company, owner and operator of the Ruth Mine, Somerset County. They were disallowed compensation by the Unemployment Compensation Board of Review on the ground that their unemployment was due to willful misconduct, and were held ineligible to receive benefits under section 402(e) of the Unemployment Compensation Law, as amended by
[ 176 Pa. Super. Page 350]
the Act of May 23, 1949, P.L. 1738, 43 P.S. § 802(e).*fn1
Employment was under a collective bargaining agreement between United Mine Workers of America, of which claimants were members, and the Black Beauty Coal Company as a member of the Somerset County Coal Operators' Association.
Claimants last worked at the mine on September 11, 1952. On the preceding day, September 10, 1952, two other miners, Frank Dormish and Telford R. Baker, were suspended for two days, to wit, September 12th and 15th, for loading coal with an excessive rock content, designated as 'dirty coal.' These two employes had been previously warned concerning the loading of such unsalable coal.
The collective bargaining agreement provided for a two-day suspension for a second offense where, in the judgment of the management, the coal loaded by an employe contained an unreasonable amount of impurities.*fn2
As a protest against the suspension of Dormish and Baker, the fifty-eight claimants remained away from work on Friday, September 12th, and Monday, September 15th, although work was available for them at
[ 176 Pa. Super. Page 351]
the mine if they had reported for work. On Tuesday, September 16, 1952, seven employes reported at the mine entrance in working clothes, and an undetermined number came up to a crossroad, about a half mile distant from the mine, but they did not enter the mine property or contact their employer or indicate that they were ready to resume work. No work was available on September 16th because the company had not prepared the ...