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WOLFE UNEMPLOYMENT COMPENSATION CASE. (06/13/62)

June 13, 1962

WOLFE UNEMPLOYMENT COMPENSATION CASE.


Appeals, Nos. 45 to 51, inclusive, April T., 1962, by claimants, from decisions of Unemployment Compensation Board of Review, No. B-55403, in re claims of Fritz S. Wolfe et al. Decisions affirmed.

COUNSEL

Emil W. Herman, with him Rothman, Gordon and Foreman, for appellants.

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

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

Author: Ervin

[ 198 Pa. Super. Page 368]

OPINION BY ERVIN, J.

These seven unemployment compensation cases, which were consolidated for hearings before the compensation authorities and for argument before us, were decided against the claimants by the bureau, the referee and the board.

The sole question involved is whether the appellants retired voluntarily or whether they were induced to do so by their employer. The factual circumstances are similar in each case but the dates upon which the appellants declared their intention to retire and the dates of retirement are different. Fritz S. Wolfe declared his intention to retire on June 5, 1959, effective June 30, 1959; Anthony Zammarchi declared his intention

[ 198 Pa. Super. Page 369]

    to retire on April 22, 1959, effective April 30, 1959; Frank H. Lytle declared his intention to retire on April 13, 1959, effective April 30, 1959; Frank X. Augustine declared his intention to retire on April 15, 1959, effective April 29, 1959; Raymond I. Burtner declared his intention to retire on April 22, 1959, effective April 24, 1959; William A. Dunmire's declaration of intention to retire and effective date occurred simultaneously on February 18, 1959; Herbert S. Hileman's last day of work was December 21, 1958 and he declared his intention to retire on February 17, 1959. On October 6, 1958 a work stoppage began which terminated on February 16, 1959.

[ 198 Pa. Super. Page 10]

At the time all the appellants retired there was no mandatory retirement age effective either by collective bargaining agreement or by custom. During and subsequent to the work stoppage, the union and the employer negotiated with regard to a mandatory retirement age of 68. Mr. John Pavlik, a union representative, testified as follows: "The strike continued on to January so they had to change this mandatory date from January 1 to February 1. Now, on February 7 the strike was six days past the mandatory retirement date of February 1, so the company gave the union another proposal. Since we were still on strike the company had to change the mandatory date from February 1 to May 1. This was agreed to by both sides. As you will note there was a constant change of the date but not any change of the substance of the pension agreement. Now, Mr. Sherbondy sent a letter to Mr. Ralph Reiser, let's say it is a proposal, and on Page 10 of this letter dated February 7, 1959, Section 2, it changes the mandatory ...


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