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FRANCESCHI UNEMPLOYMENT COMPENSATION CASE. (09/12/61)

September 12, 1961

FRANCESCHI UNEMPLOYMENT COMPENSATION CASE.


Appeal., No. 119, April T., 1961, by claimant, from decision of Unemployment Compensation Board of Review, No. B-60845, in re claim of Milan Franceschi. Decision reversed.

COUNSEL

Gene K. Lynch, with him John M. Feeney, and McArdle, Harrington & McLaughlin, for claimant, appellant.

Sydney Reuben, Assistant Attorney General, with him Anne X. Alpern, Attorney General, for Unemployment Compensation Board of Review, appellee.

John G. Wayman, with him Reed, Smith, Shaw & McClay, for employer, intervenor.

Before Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ. (rhodes, P.j., absent).

Author: Woodside

[ 196 Pa. Super. Page 152]

OPINION BY WOODSIDE, J.

This is an appeal by the claimant from the refusal of the Board of Review to grant him unemployment compensation benefits on the ground that he had received vacation pay for the weeks in question.

Milan Franceschi, one of 211 claimants similarly situated, was an employe of the Monessen Southwestern Railroad Company and a member of the Brotherhood of Railroad Trainmen. The collective bargaining agreement between the company and the union provided as follows:

"Promptly after March 1, of each calendar year each eligible employee shall be requested to specify the vacation period he desires. Vacations will so far as practicable, be granted at times most desired by employees (longer service employees being given preference as to choice); but the final right to allot vacation periods and to change such allotments is exclusively reserved to the Company in order to insure the orderly operation of the plants; provided that vacations shall be scheduled, in the absence of mutual agreement between local Plant Management and Local General Committee to the contrary, between May 1 and October 1 of each calendar year as may be agreeable to the Plant Management and the employee."

On June 23, 1959, the claimant received two and one half weeks vacation pay in the amount of $354. On July 14, 1959, the appellant "was laid off due to lack of work," growing out of the steel strike in which his union was not participating. Prior to claimant's being laid off on July 14th, he had made no request for vacation time off.

The Bureau of Employment Security, the Referee, and the Board of Review, all concluded that under § 401 and § 4(u) of The Unemployment Compensation Law, 43 P.S. § 801 and § 753(u), and Bureau ...


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