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MCALLISTER UNEMPLOYMENT COMPENSATION CASE. T. HOGAN CORPORATION v. UNEMPLOYMENT COMPENSATION BOARD REVIEW. (12/17/59)

December 17, 1959

MCALLISTER UNEMPLOYMENT COMPENSATION CASE. T. HOGAN CORPORATION, APPELLANT,
v.
UNEMPLOYMENT COMPENSATION BOARD OF REVIEW.



Appeals, Nos. 270 and 271, Oct. T., 1959, by employer, from decisions of Unemployment Compensation Board of Review, Decision Nos. B-50783 and B-50784, respectively, in re claims of Herbert E. McAllister et al. Decisions affirmed.

COUNSEL

Arthur Beal, with him Robert Cox, for appellant.

Sydney Reuben, Assistant Attorney General, with him Anne X. Alpern, Attorney General, for appellee.

Before Rhodes, P.j., Hirt, Wright, Woodside, Ervin, and Watkins, JJ. (gunther, J., absent).

Author: Watkins

[ 191 Pa. Super. Page 289]

OPINION BY WATKINS, J.

These are unemployment compensation case in which the question involved is whether the claimants, who are longshoremen, are entitled to have their benefits computed under the full-time weekly wage provision as provided by Section 404(a) of the Unemployment Compensation Law, Act of 1936, December 5,

[ 191 Pa. Super. Page 290]

P.L. 2897, Art. IV, Section 404, as amended by the Act of 1955, P.L. 6, Sec. 6, 43 PS ยง 804(a).

The claimants, Herbert E. McAllister and Joseph Melnick are both longshoremen, employed in that trade, which involves the loading and unloading of ships for the appellant company, T. Hogan Corporation, and other companies engaged in the same business. The facts and issues of law as to both cases are the same, so that the appeals were argued together and this decision will dispose of both cases.

The base calendar year used to determine benefits was 1957. Using the claimant McAllister's record, his total earnings for this base year was $1796, of which, he earned $1184 from the appellant. His highest quarterly earnings were $595; the hourly rate was $2.73 an hour.

The Bureau originally determined on June 16, 1958 to award benefits on the highest quarterly earnings of $595 or $24 per week. The Bureau subsequently revised this determination and by using the full-time weekly wage method awarded benefits of $35 per week. This was done by using the $2.73 hourly rate to determine a daily rate of $21.84 and so a weekly rate in excess of $70.

Section 404(a) reads as follows: "(a) The employe's weekly benefit rate shall be computed as (1) one twenty-fifth of his 'highest quarterly wage' in accordance with Part A of the Table Specified for the Determination of Rate and Amount of Benefits, or (2) fifty per centum (50%) of his full-time weekly wage, whichever is greater; or, if his base year wages are insufficient to qualify him for compensation by either of these methods, his weekly benefit rate shall be determined as (3) that rate appearing in Part B of the table, on the ...


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