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DIMITROFF UNEMPLOYMENT COMPENSATION CASE. (03/18/59)

March 18, 1959

DIMITROFF UNEMPLOYMENT COMPENSATION CASE.


Appeal, No. 280, Oct. T., 1958, by claimant, from decision of Unemployment Compensation Board of Review, No. B-47039, in re claims of Mary Dimitroff et al. Decision affirmed.

COUNSEL

Sheldon Tabb, with him Edward Davis, for claimant, appellant.

Sydney Reuben, Assistant Attorney General, with him Thomas D. McBride, Attorney General, for Unemployment Compensation Board, appellee.

Lewis H. VanDusen, Jr., with him Hayward H. Coburn, and Drinker, Biddle & Reath, for employer, intervening appellee.

Before Rhodes, P.j., Hirt, Gunther, Ervin, and Watkins, JJ. (wright and Woodside, JJ., absent).

Author: Rhodes

[ 188 Pa. Super. Page 640]

OPINION BY RHODES, P.J.

Claimant, Mary Dimitroff, appealed from the decision of the Unemployment Compensation Board of Review. The board had denied her claim for benefits on the ground that her unemployment was due to a stoppage of work which existed because of a labor dispute*fn1 other than a lockout within the meaning of section 402 (d) of the Unemployment Compensation Law, 43 PS ยง 802 (d). The determination of this case will also affect the claims of other employes involved in the work stoppage which occurred on June 17, 1957, at the Philadelphia bakery of the National Biscuit Company.

The board denied compensation after making extensive and detailed findings of fact. Both the referee and the bureau had denied benefits.

The claimants, members of the Bakery and Confectionery Workers' International Union of America, AFL-CIO, Local 492, are production and maintenance

[ 188 Pa. Super. Page 641]

    employes of the Philadelphia bakery of the National Biscuit Company.

On Monday, June 17, 1957, one hundred five*fn2 of the female employes working on the "Deluxe" line in the icing department stopped work at 1:15 p.m., as the board found, "because they felt that the plant was too hot to continue working without some form of relief from the heat." These workers remained at their stations, however, but performed no further work; as a result the cakes on the belt line fell to the floor and caused the employer to stop the belt line operation. Committees for the union and management met to discuss whether the employes would return to work. The union committee requested more fans, additional breaks, and other forms of relief. The employer promised to make every effort to install eleven additional fans, and informed the union that the fans were en route from Chicago and were expected momentarily. All other employes continued to work on June 17, 1957. On Tuesday, June 18, 1957, the female employes on the "Deluxe" line reported to work but refused to perform their assignments. As the day progressed the employes on the various other lines stopped working; and by 2 p.m. all production lines were stopped. The employes stayed on the premises until 3:15 p.m., quitting time, but performed no further work. The stoppage of these various lines caused more of the employer's products to fall to the floor and all ...


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