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UNITED STATES STEEL CORPORATION v. COMMONWEALTH PENNSYLVANIA (07/28/78)

decided: July 28, 1978.

UNITED STATES STEEL CORPORATION, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT; ROBERT P. LONG, INTERVENOR. UNITED STATES STEEL CORPORATION, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT; ROBERT L. STEWART, INTERVENOR. BETHLEHEM STEEL CORPORATION, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



Appeals from the Orders of the Unemployment Compensation Board of Review in cases of In Re: Claim of Robert P. Long, Jr., No. B-150109; In Re: Claim of Robert L. Stewart, No. B-132103-B; and In Re: Claim of Frank LaPlaca, No. B-149741.

COUNSEL

James T. Carney, for petitioner, U.S. Steel Corporation.

Francis J. O'Gorman, Jr., with him Keefer, Wood, Allen & Rahal, for petitioner, Bethlehem Steel Corporation.

Daniel R. Schuckers, Assistant Attorney General, with him Robert P. Kane, Attorney General, for respondent.

A. E. Lawson, with him Bernard Kleiman, for intervenor respondents.

Jerome H. Gerber, James L. Cowden, and Handler, Gerber and Weinstock, for amicus curiae, Pennsylvania AFL-CIO.

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

Author: Disalle

[ 37 Pa. Commw. Page 55]

Presently before us are three petitions for review raising the identical issue of the entitlement of indefinitely laid off employees to unemployment compensation benefits for weeks during which they drew vacation pay. In each case the Unemployment Compensation Board of Review (Board) determined that a vacation pay deduction pursuant to Section 404(d)(ii) of the Unemployment Compensation Law (Act), Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. § 804(d)(ii), was not warranted and, therefore, granted benefits to the individual claimants. The three cases were consolidated by order of this Court dated March 23, 1978. Since there are slightly differing factual situations in each case, we will briefly enumerate the salient facts.

Claimant, Frank LaPlaca, worked as a laborer for the Bethlehem Steel Corporation (Bethlehem Steel) and was indefinitely laid off on September 24, 1976. On November 3, 1976, he requested and was subsequently granted a vacation period from February 13, 1977, through February 19, 1977. During this period Claimant received vacation pay of $346.80. He was not recalled to work until March 21, 1977. The Bureau of Employment Security (Bureau), the referee, and the Board granted unemployment compensation benefits for LaPlaca's vacation week without deducting vacation pay therefrom. This appeal by Bethlehem Steel followed.

Claimant, Robert L. Stewart, was employed as a laborer for the United States Steel Corporation (U.S.S.) and was laid off on January 31, 1976, without a definite date of recall. Previously, he had

[ 37 Pa. Commw. Page 56]

    scheduled his 1976 vacation for the weeks of September 5, October 10, and October 17, 1976. After he was laid off, however, he requested and was granted a vacation period from February 1, 1976, through February 7, 1976. During this period claimant received approximately $200 as vacation pay. The record does not reveal whether he was recalled to work. The Bureau and the referee denied benefits to claimant under Section 401(d) of the Act and the Board disallowed the further appeal. On remand from this Court, however, and ...


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