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PROGRESS MANUFACTURING COMPANY v. UNEMPLOYMENT COMPENSATION BOARD REVIEW (01/02/62)

January 2, 1962

PROGRESS MANUFACTURING COMPANY, INC.
v.
UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, APPELLANT.



Appeals Nos. 411, 412, 413, 414, 415, 416, 428, 429, 430 and 431, Jan. T., 1961, from judgments of Superior Court, Oct. T., 1960, Nos. 144, 145, 146 and 147, reversing decisions of Unemployment Compensation Board of Review, Nos. B-55781, B-55782, B-55783 and B-55784, in re claims of Lillie R. Carr et al. Judgments reversed.

COUNSEL

Alan Miles Ruben, Deputy Attorney General, with him Sydney Reuben, Assistant Attorney General, and David Stahl, Attorney General, for Unemployment Compensation Board of Review, appellant.

Richard Kirschner, with him Louis H. Wilderman, for intervenors, appellants.

Geoffrey J. Cunniff, with him Josephine H. Klein, for appellee.

Gilbert Stein, for interested parties under Rule 46.

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

Author: Cohen

[ 406 Pa. Page 164]

OPINION BY MR. JUSTICE COHEN

Progress Manufacturing Company and the International Brotherhood of Electrical Workers, Local 2002, entered into a collective bargaining agreement containing clauses stating that no strikes, lockouts, etc., would take place during the life of the agreement and

[ 406 Pa. Page 165]

    that all disputes would be arbitrated under a stated grievance procedure. On October 17, 1958, while this contract was in force, the Company discharged two employees, and the entire work force went out on strike. Progress then reduced the discharge in each case to a suspension and indicated its willingness to refer the issue to arbitration if all the striking workers would return by October 20, 1958. The union countered with a proposal that the two suspended employees be allowed to return to work pending the outcome of the arbitration proceeding, but Progress rejected this proposal.

On October 20, 1958 (a Monday), virtually all of the Company's nine hundred employees failed to report for work, and plant operations ceased on October 21, 1958. All of the employees received two notices from the Company on October 24, 1958. One stated that, because of participation in an unlawful work stoppage, the employee was suspended until further notice. The other instructed the employee to return an enclosed signature card if he was interested in returning to work. All of the employees returned the cards.

On October 28, 1958, the Company began to recall its employees, and by November 4, 1958, about seven hundred fifty had been recalled. The remainder were not recalled, and on November 10, 1958 they received notices from the Company that their services were terminated. The ...


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