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UNEMPLOYMENT COMPENSATION BOARD REVIEW COMMONWEALTH PENNSYLVANIA AND GEORGE ILGENFRITZ v. BORGER STEEL CO. (05/02/77)

decided: May 2, 1977.

UNEMPLOYMENT COMPENSATION BOARD OF REVIEW OF THE COMMONWEALTH OF PENNSYLVANIA AND GEORGE ILGENFRITZ, INTERVENING APPELLEE
v.
BORGER STEEL CO., APPELLANT



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of George Ilgenfritz, et al., No. 123569.

COUNSEL

Donn I. Cohen, with him Liverant, Senft and Cohen, for appellant.

Daniel R. Schuckers, Assistant Attorney General, for appellee.

Jerome H. Gerber, with him Ira H. Weinstock, James L. Cowden, and Handler, Gerber and Weinstock, for intervening appellee.

President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Opinion by Judge Blatt. Dissenting Opinion by President Judge Bowman. Judge Mencer joins in this dissent.

Author: Blatt

[ 30 Pa. Commw. Page 76]

Borger Steel Company (Borger) appeals to this Court from a decision of the Unemployment Compensation

[ 30 Pa. Commw. Page 77]

Board of Review (Board) which held that George Ilgenfritz, representative claimant for approximately forty employees of Borger, was eligible for unemployment compensation benefits during a six-week labor dispute because he was out of work as a result of a lockout.

Section 402(d) of the Unemployment Compensation Law*fn1 (Law), 43 P.S. ยง 802(d), provides that:

An employe shall be ineligible for compensation for any week --

(d) In which his unemployment is due to a stoppage of work, which exists because of a labor dispute (other than a lock-out) at the factory, establishment or other premises at which he is or was last employed. . . .

Both the referee and the Board found that the claimant was "ready, willing and able to continue working" at the Borger plant after the collective bargaining agreement between Borger and Local 430 of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America (Union) expired on January 17, 1974. In affirming the decision of the referee, the Board made ...


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