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LERCH UNEMPLOYMENT COMPENSATION CASE. HERSHEY ESTATES v. UNEMPLOYMENT COMPENSATION BOARD REVIEW (ET AL. (06/30/60)

June 30, 1960

LERCH UNEMPLOYMENT COMPENSATION CASE. HERSHEY ESTATES
v.
UNEMPLOYMENT COMPENSATION BOARD OF REVIEW (ET AL., APPELLANT).



Appeals, Nos. 46 and 47, May T., 1960, from judgments of Superior Court, March T., 1960, Nos. 2 and 3, reversing decision of Unemployment Compensation Board of Review, No. B-48873, in case of Hershey Estates v. Unemployment Compensation Board of Review, Department of Labor and Industry et al. Judgments affirmed.

COUNSEL

Bernard N. Katz, with him Meranze, Katz & Spear, for appellants.

Sydney Reuben, Assistant Attorney General, for Unemployment Compensation Board of Review.

Samuel A. Schreckengaust, Jr., with him Gilbert Nurick, and McNees, Wallace & Nurick, for employer, appellee.

John C. Bane, Jr., John G. Wayman, and Reed, Smith, Shaw & McClay, for amicus curiae.

Before Jones, C.j., Bell, Musmanno, Jones, Cohen, Bok and Eagen, JJ.

Author: Cohen

[ 400 Pa. Page 447]

OPINION BY MR. JUSTICE COHEN.

This case is similar to but involves facts which distinguish it from Erie Forge and Steel Corporation v. Unemployment Compensation Board of Review, 400 Pa. 440, 163 A.2d 91. The referee and the board of review made the following findings of fact which are amply supported by the evidence:

The claimants herein were employed in various job classifications by Hershey Estates, Hershey, Pennsylvania, hereinafter referred to as "Employer." They were represented for collective bargaining purposes by

[ 400 Pa. Page 448]

Local 464 of the American Bakery and Confectionery Workers International Union, AFL-CIO, hereinafter referred to as "Union." According to the terms of the collective bargaining agreement between the Employer and the Union, the agreement was to remain effective until a new agreement was entered into, with the right of either party to terminate upon giving the other party sixty days advance written notice. On July 15, 1957, the Employer notified the Union of its intention to terminate the agreement as of midnight, September 16, 1957. Thereafter, a negotiating committee representing the Employer and the Union met on a number of occasions, the last of which meetings prior to the termination of the contract was held in the early evening of September 16, 1957. No agreement had yet been reached. At that time, the Union, through its attorney, suggested to the Employer that the contract be extended on a day to day basis, to give both sides more time to negotiate. The Employer rejected this proposal, the negotiating session broke up and the Union negotiating committee returned to its membership and reported what had transpired. The membership then voted to reject the Employer's last offer and when the collective bargaining agreement expired at midnight of September 16, 1957, the Union posted pickets at the various Hershey Estates operations.

On Friday, September 13, 1957, prior to the termination date of the contract, the Employer caused a notice to be placed upon the bulletin board of all divisions of Hershey Estates, which notice stated as follows: "This division will be open for any of its employees who care to come to work - regardless of what happens Monday - midnight -." Subsequent to the termination date of the contract, the Employer caused to be published in the "Hershey News", a newspaper ...


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