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ELLIOTT UNEMPLOYMENT COMPENSATION CASE. (01/17/56)

January 17, 1956

ELLIOTT UNEMPLOYMENT COMPENSATION CASE.


Appeals, Nos. 128 and 129, April T., 1955, by claimants, from orders of Unemployment Compensation Board of Review, dated March 22, 1955, decision Nos. 38345-B and 37598-B, in re claims of Margaret F. Roy and Joann C. Beckner. Orders reversed.

COUNSEL

Earl F. Reed, Jr., with him Thorp, Reed & Armstrong, for appellant.

Sydney Reuben, Special Deputy Attorney General, with him Herbert B. Cohen, Attorney General, for appellee.

S. Harold Grossman, for intervenor, appellee.

Before Rhodes, P.j., Hirt, Ross, Gunther, Wright, Woodside, and Ervin, JJ.

Author: Woodside

[ 180 Pa. Super. Page 543]

OPINION BY WOODSIDE, J.

This is an appeal by the employer from an order of the Unemployment Compensation Board of Review granting benefits to the claimant, Joann Carr Beckner. The appellant contends that the claimant was disqualified under the provisions of section 402(b) of the Unemployment Compensation Law, as amended August 24, 1953, P.L. 1397, § 4, 43 PS § 802(b).

The claimant was employed as a secretary by the Elliott Company of Jeannette, for a period of three years. She worked for the company on May 29, 1954 and received two weeks vacation pay thereafter. The claimant was married on June 6, 1954 and at the close of her vacation the employment relationship was terminated in accordance with the policy set forth under the terms of the agreement entered into between the company and Local 2380, United Steelworkers of America, C.I.O. in its capacity as bargaining representative for the employes of the Elliott Company. This agreement became effective December 1, 1952 and provided, inter alia, as follows: "It is agreed by the company and the union that insofar as it is practicable to do so in the employment of women, employment should be restricted to unmarried women ...Any woman presently

[ 180 Pa. Super. Page 544]

    employed will be required to resign if she marries subsequent to May 27, 1947."

Although claimant when first employed by the company was a member of the union, she had been forced to give up her union membership upon accepting the secretarial position.

In the Means Unemployment Compensation Case, 177 Pa. Superior Ct. 410, 110 A.2d 886 (1955), involving the same employer and the same provisions of the company-union agreement, we denied benefits to the claimant whose unemployment was brought about under the above agreement when she married. We held that the claimant, who was a member of the union, was voluntarily unemployed as the result of the "action of her own ...


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