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MCALLISTER UNEMPLOYMENT COMPENSATION CASE. (04/12/62)

April 12, 1962

MCALLISTER UNEMPLOYMENT COMPENSATION CASE.


Appeal, No. 134, Oct. T., 1962, by claimant, from decision of Unemployment Compensation Board of Review, No. B-68938, in re claim of Leon V. McAllister. Decision affirmed.

COUNSEL

William J. MacDermott, with him David Cohen, for claimant, appellant.

Sydney Reuben, Assistant Attorney General, with him Raymond Kleiman, Deputy Attorney General, and David Stahl, Attorney General, for Unemployment Compensation Board of Review, appellee.

John G. Wayman, with him James F. Smith, and Reed, Smith, Shaw & McClay, for employer, intervenor-appellee.

Before Rhodes, P.j., Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ.

Author: Watkins

[ 197 Pa. Super. Page 553]

OPINION BY WATKINS, J.

This is an unemployment compensation case in which the Bureau of Employment Security, the Referee, and the Unemployment Compensation Board of Review all concluded that the claimant was disqualified for benefits under the provisions of § 402(d) of the Unemployment Compensation Law, 43 PS § 802(d), in that he was unemployed by reason of a disqualifying labor dispute or a strike.

The claimant, Leon V. McAllister, was employed by Westinghouse Electric Corporation at its plant in Lester, Pennsylvania. He began working there in 1941 and was working there as a machine operator on October 14, 1955, at which time, as a member of his union, he went out on strike. At that time he did not have a valid separation from work because of the strike. Gray Unemployment Compensation Case, 187 Pa. Superior Ct. 425, 144 A.2d 856 (1958).

On October 17, 1955, the claimant went to work as a rough carpenter at South Eastern Builders, Inc., New Castle, Delaware, and worked there until November 5, 1955, a period of three weeks, when he was laid off. The labor dispute at the Westinghouse plant was continued until August 8, 1956. At the end of the strike the claimant promptly returned to work at the Lester plant where he is now working.

"A striker continues as an employee during the strike and only removes himself from actual labor." Melchick Unemployment Compensation Case, 396 Pa. 560, 154 A.2d 875 (1959). In Oluschak Unemployment

[ 197 Pa. Super. Page 554]

    not begin to alter this approach now." Progress Manufacturing Company, Inc. v. Unemployment Compensation Board of ...


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