Appeals, Nos. 34 and 38, April T., 1958, by employer and by claimants, from decision of Unemployment Compensation Board of Review, Appeal No. B-4-L-1375A, Decision No. B-45705, in re claims of John W. McCracken et al. Decision affirmed in part and reversed in part.
John G. Wayman, with him Elder W. Marshall, James H. Hardie, W. D. Armour, and Reed, Smith, Shaw & McClay, for appellant.
Sydney Reuben, Assistant Attorney General, with him Thomas D. McBride, Attorney General, for Unemployment Compensation Board of Review, appellee.
Benjamin C. Sigal, for appellees-intervenors.
Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Watkins, JJ.
[ 187 Pa. Super. Page 406]
Claimants and the employer, Westinghouse Electric Corporation, have appealed from a decision of the Unemployment Compensation Board of Review. The board affirmed the referee's decision, refused compensation to claimants for the period of a work stoppage determined to be a strike, and granted compensation for the period of the work stoppage determined to have been converted into a lockout.*fn1 The claimants contend that the entire work stoppage was due to a lockout; Westinghouse contends that the entire work stoppage was a strike.
Claimants are members of three locals of the International Union of Electrical, Radio and Machine Workers, CIO (IUE), employed at plants of the Westinghouse Electric Corporation in Pittsburgh, Sharon, and Philadelphia.*fn2 On October 16, 1955, the employes became unemployed due to a work stoppage resulting from a labor dispute between Westinghouse and IUE. The collective bargaining agreement in effect between the company and the union provided for an indefinite term subject to being terminated as of midnight October 14, 1956, upon sixty days' written notice by either party. Section XVIII, paragraph 9 of the national agreement provided, however, that: "Notwithstanding any other provisions of this Agreement, either party
[ 187 Pa. Super. Page 407]
may reopen this Agreement once, at any time between September 15, 1955 and November 15, 1955, inclusive, for the limited purpose of requesting, in writing, a general adjustment in wages and salaries (meaning only a general adjustment to all employes covered by this Agreement in terms of cents per hour, a percentage of pay or a graduated increase in the form of the general increases between 1951 and 1954, inclusive, and not including any other change, addition, increase or decrease in economic benefit to employes of any other nature whatsoever) ... Any matters, other than general wage and salary adjustments, involving rates of pay, wages, hours of employment or other conditions of employment of employes covered by this Agreement may be presented by either party to the other party during such reopening, but they shall be the subject of negotiation during such reopening only by mutual agreement between the Company and the Union for their consideration, and the Union shall not have the right to strike with respect thereto."
On September 2, 1955, the president of the union addressed a letter to the company stating: "... the Union desires to reopen the Agreement for the purpose of negotiating a general adjustment in wages and salaries for all covered employees."
The negotiating committees of the union and the company held numerous meetings between September 15, 1955, and October 14, 1955. Prior to the beginning of the negotiations the parties mutually agreed in writing that in addition to a general wage and salary adjustment the parties would negotiate the contractual provisions ...