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PANZINO UNEMPLOYMENT COMPENSATION CASE. (12/11/58)

December 11, 1958

PANZINO UNEMPLOYMENT COMPENSATION CASE.


Appeals, Nos. 31 and 32, April T., 1958, by claimants, from decisions of Unemployment Compensation Board of Review, Nos. B-4-B-504 and B-4-B-505, in re claims of Frank W. Panzino, Jr. et al. Case remanded.

COUNSEL

Arnold D. Wilner, with him Wilner, Wilner and Kuhn, for claimants, appellants.

Sydney Reuben, Assistant Attorney General, and Thomas D. McBride, Attorney General, with them Harry J. Rubin, Deputy Attorney General, for appellee.

John G. Wayman, with him Joseph G. Armstrong, III, and Reed, Smith, Shaw & McClay, for employer, intervenor.

Lloyd H. Fuge, Marjorie Hanson Matson, Richard M. Moss, and Sylvan Libson, filed a brief for American Civil Liberties Union, amicus curiae.

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

Author: Woodside

[ 188 Pa. Super. Page 276]

OPINION BY WOODSIDE, J.

After having been employed by Westinghouse Electric Corporation for a number of years Frank W. Panzino,

[ 188 Pa. Super. Page 277]

Jr. and Thomas J. Fitzpatrick were discharged. They separately filed unemployment compensation claims. On the basis of the information before it, the Bureau of Employment Security denied each of them compensation. Subsequently, upon appeal to the referee, and then to the board, these agencies came to the same conclusion.

Each of the claimants, along with Evelyn Darin, then appealed to this Court, and their cases were argued together. Inasmuch as we think Evelyn Darin's case has distinguishing characteristics we have filed a separate opinion in her case.

The Unemployment Compensation Board found that these employees had been identified as members of the Communist Party by witnesses at a hearing before the Senate Internal Security Committee, and that although given an opportunity to refute the allegations of membership in the Communist Party they refused to take this opportunity, and that as a result of the allegations concerning Communist activities the claimants were discharged. The employer of the ...


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