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GENERAL MOTORS CORPORATION UNEMPLOYMENT COMPENSATION CASES (06/12/73)

decided: June 12, 1973.

GENERAL MOTORS CORPORATION UNEMPLOYMENT COMPENSATION CASES


Appeals from the Orders of the Unemployment Compensation Board of Review in cases of Robert J. Flanyak, William S. Prest, Ralph E. Smithberger, Peter Dubyak, Michael J. Ference, Charles O. Green, Regis Farrah, Thomas Walsh, Jr., John Stasko, Jr., and James H. Lockschmidt v. Unemployment Compensation Board of Review and General Motors Corporation, Intervenor.

COUNSEL

John W. McIlvaine, for appellants.

Sydney Reuben, Deputy Attorney General, with him Israel Packel, Attorney General, for appellee.

John G. Wayman, with him Scott F. Zimmerman, John T. Tierney, III, and Reed, Smith, Shaw & McClay, for intervenor.

President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Opinion by President Judge Bowman.

Author: Bowman

[ 9 Pa. Commw. Page 223]

These are appeals from decisions and orders of the Unemployment Compensation Board of Review reversing a referee's allowance of appellants' claims for compensation.

The claimant-appellants, members of Local 544, United Auto Workers, are employed by the Fisher Body Division of General Motors Corporation at a stamping plant (hereinafter, the "Pittsburgh plant") located in West Mifflin, near McKeesport, Pennsylvania. The function of this stamping plant is to produce component sheet metal parts of automobile bodies preparatory to shipment by rail to various customer assembly plants. On September 14, 1970, at 11:59 p.m., Local 544 initiated a work stoppage because of labor disputes at the Pittsburgh plant and at other General Motors facilities throughout the country. Pickets were maintained by Local 544 on an active basis from September 15, 1970, at 12:01 p.m., until November 13, 1970. The International United Auto Workers and General Motors Corporation reached a tentative agreement on all national issues on November 11, 1970. Following membership ratification, the agreement became effective November 23, 1970. On that date, however, a number of plants had not yet resolved local disputes. Local agreements generally were reached sooner with the fabricating and parts plants (Fisher Body Division) than with the car and assembly plants. Local 544 at the Pittsburgh plant had accepted the local and national agreement on November 13, 1970. The work force there was recalled as follows:

(1) November 16 -- 30 maintenance men;

(2) November 17-20 -- as of November 20, 179 maintenance men had been recalled;

(3) November 23 -- 112 production employees were added;

[ 9 Pa. Commw. Page 224]

(4) December 3 -- the entire work force of approximately 1600 ...


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