Appeals from the Orders of the Unemployment Compensation Board of Review in cases of In Re: Claims of Friedrich Unterberger, No. B-128775; Henry L. Lake, No. B-128776; William H. Wilson, No. B-128777; Harvey E. Clark, Jr., No. B-128778; and Joseph J. Dapra, No. B-128779.
James T. Carney, 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., Kramer and Mencer, sitting as a panel of three. Opinion by Judge Crumlish, Jr.
[ 28 Pa. Commw. Page 446]
This is an appeal by United States Steel Corporation (Employer) from an order of the Unemployment Compensation Board of Review (Board) which affirmed a referee's determination that five claimants*fn1 were entitled to the unemployment compensation benefits which the Bureau of Employment Security (Bureau) had awarded them. We reverse and remand.
Claimants were employed at Employer's Universal Atlas Cement Division Plant. In December, 1974, plant management decided to shut the plant down for a period of time in early 1975. Management desired to designate part of the period as vacation time, during which all eligible employes would take their regular vacations and receive vacation pay. Management was empowered to do this under its Basic Labor Agreement with the United Steelworkers of America, provided that it gave the affected employes sixty days' notice. Accordingly, management posted copies of the following notice on the plant's bulletin board on December 30, 1974:
Revised projections for 1975 now dictate a total plant shutdown on Sunday, February 2, 1975. The shutdown will, as currently estimated, last approximately seven (7) weeks through Saturday, March 22, 1975.
[ 28 Pa. Commw. Page 447]
The three week period, March 2, 1975 through March 22, 1975, will be utilized to schedule up to three weeks of regular vacation for all employees who are not required to work and who qualify.
Revised schedules showing department vacations will be posted.