Appeal, No. 136, Oct. T., 1963, from judgment of Court of Common Pleas of Delaware County, Dec. T., 1960, No. 1384, in case of Warren E. Taylor et al. v. Southern Pennsylvania Bus Company. Judgment affirmed; reargument granted; judgment opened and record remanded.
C. E. Thomas, with him Edward F. Cantlin, and Hinkson & Cantlin, for appellant.
Cornelius C. O'Brien, Jr., with him Matthew J. Ryan, III, and Joseph W. deFuria, for appellees.
Before Rhodes, P.j., Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ.
[ 203 Pa. Super. Page 231]
OPINION PER CURIAM, November 13, 1963:
The six judges who heard the argument of this appeal being equally divided in opinion, the judgment of the lower court is affirmed.
Opinion BY WOODSIDE, J., April 14, 1964:
This is an appeal from a judgment for the plaintiffs entered on a case stated. It involves the amount of vacation pay to which former employes of the defendant are entitled.
A collective bargaining agreement between the parties covered the period of two years from March 21, 1958 to March 21, 1960. The agreement was not renewed and the plaintiffs performed no services for the defendant after it was terminated on March 21, 1960. On that date the plaintiffs went on strike and subsequently the defendant went out of business, selling its franchise, buses and equipment.
Article 15 of the collective bargaining agreement, in effect during these two years, deals with vacations of bus operators and is set forth in full in the footnote.*fn1
[ 203 Pa. Super. Page 232]
Our problem concerns primarily the interpretation of the following: "All operators who have been in the employ of the Company one year or more will be given two weeks' vacation with pay. All operators who have been with the Company continuously for ten years or longer will be given twenty-one days' vacation with pay. ... Employees eligible for vacation pay who are dismissed ... or leave the service before their next vacation date will receive vacation pay prorated on the time they have worked from January 1st of the year they leave the service. ... A schedule showing vacation periods for the following year will be ...