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RUSYNKO UNEMPLOYMENT COMPENSATION CASE. BETHLEHEM STEEL COMPANY v. UNEMPLOYMENT COMPENSATION BOARD REVIEW. (12/17/59)

December 17, 1959

RUSYNKO UNEMPLOYMENT COMPENSATION CASE. BETHLEHEM STEEL COMPANY, APPELLANT,
v.
UNEMPLOYMENT COMPENSATION BOARD OF REVIEW.



Appeal, No. 1, March T., 1960, by employer, from decision of Unemployment Compensation Board of Review, No. B-44640-D, in re claim of John Rusynko. Decision reversed.

COUNSEL

William H. Wood, with him Leon D. Metzger, and Hull, Leiby and Metzger, for employer, appellant.

Sydney Reuben, Assistant Attorney General, with him David C. Harrison, Deputy Attorney General, and Anne X. Alpern, Attorney General, for Unemployment Compensation Board, appellee.

Sidney G. Handler, for claimant, intervenor-appellee.

Before Hirt, Gunther, Wright, Woodside, Ervin, and Watkins, JJ. (rhodes, P.j., absent).

Author: Hirt

[ 191 Pa. Super. Page 435]

OPINION BY HIRT, J.

In this unemployment compensation case the referee after hearing affirmed the decision of the bureau and awarded benefits as claimed. The board on appeal remanded the proceedings to the referee on July 31, 1956, and again on December 13, 1956, and for a third time on October 15, 1957. Further testimony was taken

[ 191 Pa. Super. Page 436]

    by the referee in accordance with each of the remanding orders of the board. On February 3, 1959, but not until then, the board affirmed the decision of the referee and allowed the claim. We may take it that the facts were thoroughly developed at the four hearings before the referee and that on a reversal of the decision, which we find necessary, nothing could be gained by a further remand for still another hearing.

In reality there is little dispute as to the facts and the situation presented is not complex. Claimant had been employed by appellant at its plant in Bethlehem, Pennsylvania for many years. His job classification was that of a "slipmaker". In general the slipmaker's duties consisted in straightening structural steel sections, by means of gags, as they came to the shipping yard from other departments of the plant. The slipmakers also measured the sections for size and length against "hot saw report information"; they marked the sections by means of stencils with the heat number, the dimensions of each of them and the weight per foot; and they then allocated the finished steel sections to particular orders or to stock. In this the Saucon Division of the Bethlehem Company workmen in the initial operation prepared ingots in the "soaking pits" by heating the metal in its raw state to the proper rolling temperature; the ingots then were put through the blooming mills - an operation which prepared them, still in a rough shape, for final rolling to specified dimensions. After the steel members leave the rolling mills they "go to a hot bed" for final treatment, and thence to the structural steel shipping yard where the slipmakers, in the department where claimant was employed, perform the final operation in the processing of steel into structural members of specified lengths, weights and shapes. Thus it is apparent that uninterrupted work in claimant's department is dependent upon the continuous flow of material through integrated

[ 191 Pa. Super. Page 437]

    processes from ingot material to all but the ...


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