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UNEMPLOYMENT COMPENSATION BOARD REVIEW COMMONWEALTH PENNSYLVANIA v. OTIS ELEVATOR COMPANY (10/03/75)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: October 3, 1975.

UNEMPLOYMENT COMPENSATION BOARD OF REVIEW OF THE COMMONWEALTH OF PENNSYLVANIA
v.
OTIS ELEVATOR COMPANY, APPELLANT

Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Charles Helstrom, et al., No. B-123018.

COUNSEL

Robert H. Shoop, Jr., with him Jay A. Erstling, and Thorp, Reed & Armstrong, for appellant.

Daniel R. Schuckers, Assistant Attorney General, with him Sydney Reuben, Assistant Attorney General, and Robert P. Kane, Attorney General, for appellee.

Neal Goldstein, with him Stephen C. Richman, and Markowitz & Kirschner, for intervening appellee.

Judges Crumlish, Jr., Wilkinson, Jr. and Blatt, sitting as a panel of three. Opinion by Judge Blatt.

Author: Blatt

[ 21 Pa. Commw. Page 316]

This is a companion case to the Unemployment Compensation Board of Review v. Haughton Elevator Company, 21 Pa. Commonwealth Ct. 307, 345 A.2d 297 (1975), filed simultaneously herewith, and the Unemployment Compensation Board of Review v. Otis Elevator Company, 21 Pa. Commonwealth Ct. 305, 345 A.2d 303 (1975), also filed simultaneously herewith. The findings of fact and the holding of the Unemployment Compensation Board of Review are essentially the same as discussed in Haughton. Here the Board relied upon its findings that the National Elevator Industries, Inc. (NEII) which represented the Otis Elevator Company (Otis), the appellant herein, terminated the agreement to extend the collective bargaining agreement originally scheduled to expire on March 23, 1972, and upon its finding that Otis took away the claimant's equipment so that he could not continue to work.

As discussed in Haughton, the first of the Board's reasons was insufficient to justify a conclusion that the work stoppage constituted a lockout. The appellant argues, however, as it did in Haughton, that the second reason was also insufficient, for the employer is entitled to take such action as a reasonable measure in preparation for a strike. Philco Corp. v. Unemployment Compensation Board of Review, 430 Pa. 101, 242 A.2d 454 (1968). And as in Haughton, the Board here failed to render findings of fact and conclusions on this most vital issue. For the reasons set forth in Haughton, we, therefore, issue the following

Order

And, Now, this 3rd day of October, 1975, the decision and order of the Unemployment Compensation Board of Review is hereby reversed and the record shall be remanded to the Board for action and determination consistent with the above opinion.

Disposition

Reversed and remanded.

19751003

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