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

decided: October 3, 1975.

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



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Lloyd Paul Austin, et al., No. B-123015.

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.

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

Author: Blatt

[ 21 Pa. Commw. Page 309]

This action is one of three appeals taken from rulings of the Unemployment Compensation Board of Review (Board) in each of which the Board held the claimants to be eligible for unemployment compensation benefits because they were out of work due to a lockout by their employers.

In this case, the claimants were employed by the Haughton Elevator Company (Haughton) and were represented for collective bargaining purposes by the International Union of Elevator Constructors (IUEC). Haughton had been represented by National Elevator Industries, Inc. (NEII) for collective bargaining purposes, and sometime in November of 1971 the IUEC and NEII began to negotiate to replace the existing collective bargaining agreement which was scheduled to expire on March 23, 1972. By that date, however, no new agreement had been reached and, at the suggestion of the federal mediator assigned to the case, the IUEC and NEII agreed to prevent the existing contract from expiring by extending that contract upon two conditions. These conditions, as the record of testimony indicates but as the Board for some reason did not specifically find, were that: 1) any new agreement would be applied retroactively to March 23, 1972; and that 2) both parties had the right to

[ 21 Pa. Commw. Page 310]

    terminate the extended agreement upon twenty-four hours notice. At 2:00 A.M. on March 29, NEII notified the IUEC that it was exercising its right to terminate the extended agreement. During the day of March 29, the IUEC notified its membership by telegram as follows:

"At 2 A.M. March 29 NEII notified the IUEC that it was exercising its right to give a twenty-four hour termination notice of the standard agreement under the day to day extension that was agreed to on March 23. Thus our agreement terminates at 2 A.M. Thursday, March 30. All IUEC members are to cease work as of that time."

As a result of all of the foregoing a work stoppage ensued as of March 30, 1972.

Under Section 402(d) of the Unemployment Compensation Law, 43 ...


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