Appeal, No. 1, Feb. T., 1959, by employer, from decision of Unemployment Compensation Board of Review, No. B-46222, in re claims of John V. Dydo et al. Decision reversed.
Franklin B. Gelder, with him Joseph L. Reynolds, III, for employer, appellant.
Sydney Reuben, Assistant Attorney General, with him Anne X. Alpern, Attorney General, for Unemployment Compensation Board of Review, appellee.
John T. J. Brennan, with him Paul A. McGlone, for claimant, intervening appellee.
Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin and Watkins, JJ.
[ 189 Pa. Super. Page 288]
This is an appeal by an employer from a decision of the Unemployment Compensation Board of Review allowing unemployment benefits.
John V. Dydo was employed as a mine worker at the Wanamie Colliery of the Glen Alden Corporation. He was a member of the United Mine Workers of America which is the collective bargaining agent for the mine workers employed by Glen Alden. In the language of the board, "... on May 9, 1956 the union ordered a work stoppage because the company failed to remit payments to the [Health and Welfare] Fund... The work stoppage remained in effect until May 24, 1956, at which time the company made up the delinquent payments in full."
Dydo filed a claim for benefits covering this period. The claim was allowed by the bureau, but upon appeal, it was denied by the referee, and upon further appeal, it was allowed by the board. This case governs several thousand claims of employes involved in the same work stoppage.
The Health and Welfare Fund was established on June 7, 1946, by agreement of the union and the anthracite operators for the purpose of making payments therefrom to mine workers and their dependents for sickness, disability, death, and retirement.
The fund is administered by three trustees, two of whom were originally appointed by the president of the union and one by the anthracite operators, but who are now designated as one chosen by the union, one by the operators and the third by the other two. The operators at the time of the "work stoppage" had agreed to pay monthly into the fund 50 per ton of coal produced for use or sale. The Glen Alden ...