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FREDERICK UNEMPLOYMENT COMPENSATION CASE (03/20/68)

decided: March 20, 1968.

FREDERICK UNEMPLOYMENT COMPENSATION CASE


Appeals by claimants, from decision of Unemployment Compensation Board of Review, Nos. B-96198-B, B-96196-B, and B-96204-B, in re claims of George Frederick et al.

COUNSEL

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

Sydney Reuben, Assistant Attorney General, with him William C. Sennett, Attorney General, for Unemployment Compensation Board of Review, appellee.

Ernest S. Burch, with him Nauman, Smith, Shissler & Hall, for employer, intervening appellee.

Ervin, P. J., Watkins, Montgomery, Jacobs, Hoffman, and Spaulding, JJ. (Wright, J., absent). Opinion by Watkins, J. Dissenting Opinion by Hoffman, J.

Author: Watkins

[ 212 Pa. Super. Page 113]

These appeals are from decisions of the Unemployment Compensation Board of Review denying benefits to appellants under Act of December 17, 1959, P. L. 1893, § 401, § 4(u) and § 404(d), as amended, of the Unemployment Compensation Law, 43 PS §§ 753, 801, 804.

The Bureau of Employment Security denied benefits. Appellants appealed. The Referee reversed and allowed partial benefits. The company appealed and the Unemployment Compensation Board of Review reversed the Referee and denied all benefits. The Board made the following findings of fact:

"Claimant is employed by Liberty Mirror Division, Libbey-Owens-Ford Glass Company, Brackenridge,

[ 212 Pa. Super. Page 114]

Pennsylvania and his last day of work, for the purpose of this hearing was June 24, 1966 on which day claimant had a valid separation.

"Claimant is a member of the United Glass and Ceramic Workers of North America, AFL-CIO-CLC, Liberty Mirror Local Union Number 33.

"Claimant's working conditions are governed by a Labor-Management Agreement between his Union and the employer.

"The Labor-Management Agreement contains a section governing vacation for hourly employees. Claimant is an hourly employee. The vacation section in the Labor-Management Agreement reads in part as follows:

"12. Vacation for Hourly Employees. The Company will give each employee a vacation with pay sometime between the dates of January 1 and December 31 of each year based on previous ...


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