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ELEANOR L. CARUCCIO ECKENRODE v. COMMONWEALTH PENNSYLVANIA (08/30/78)

decided: August 30, 1978.

ELEANOR L. CARUCCIO ECKENRODE, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT; WESTINGHOUSE AIR BRAKE COMPANY, INTERVENOR. ROBERT W. FERREE, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT; WESTINGHOUSE AIR BRAKE COMPANY, INTERVENOR. LOIS M. HURLEY, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT; WESTINGHOUSE AIR BRAKE COMPANY, INTERVENOR. ROSALIE E. PAROLA, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT; WESTINGHOUSE AIR BRAKE COMPANY, INTERVENOR. MARGARET R. GEIGER, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT; WESTINGHOUSE AIR BRAKE COMPANY, INTERVENOR. CATHERINE L. BORONKAY, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT; WESTINGHOUSE AIR BRAKE COMPANY, INTERVENOR



Appeals from the Orders of the Unemployment Compensation Board of Review in cases of In Re: Claim of Eleanor L. Caruccio Eckenrode, No. B-139675; In Re: Claim of Robert W. Ferree, No. B-139674; In Re: Claim of Lois M. Hurley, No. B-139673; In Re: Claim of Rosalie E. Parola, No. B-139672; In Re: Claim of Margaret R. Geiger, No. B-139671 and In Re: Claim of Catherine L. Boronkay, No. B-139670.

COUNSEL

Albert C. Shapira, for petitioners.

Joseph E. Madva, with him Thorp, Reed & Armstrong, for intervenor.

President Judge Bowman and Judges Crumlish, Jr., Wilkinson, Jr., Mencer, Rogers and Blatt. Judge DiSalle did not participate. Opinion by Judge Crumlish, Jr.

Author: Crumlish

[ 37 Pa. Commw. Page 459]

Six unemployment compensation claimants,*fn1 employees of Westinghouse Air Brake Company, Intervenor

[ 37 Pa. Commw. Page 460]

(Company), at its Wilmerding, Pennsylvania plant, have appealed the decision of the Unemployment Compensation Board of Review (Board) affirming the referee's denial of benefits.

Claimants' employment with intervenor was governed by the terms of a collective bargaining agreement which contained the following provision:

Section 6.1 Inventory Shutdown. In the event the Company shuts down the plant for the purpose of taking inventory, all employees entitled to 4 or more weeks vacation during that year will be required to take one week of their vacation during such shut-down period, unless scheduled to work during such period. (Emphasis added.)

It is undisputed that in 1976, all the Claimants had sufficient length of service with Company to entitle each of them to four or more weeks of vacation that year.

On December 15, 1975, Company posted a notice in its plant stating that the plant and offices would be shut down for two consecutive days, Thursday and Friday, July 29 and 30, 1976, "for the purpose of taking inventory," and further, that "following the completion of the physical inventory," the plant would be closed for the week of August 2 through August 9, during which time all employees not scheduled to work would be required to take one week of their vacation.

On Monday, July 26, 1976, Company shut down its foundry for five days for the purpose of taking inventory in that section of the plant. Then, on the 29th and 30th, the rest of the plant was shut down so that the inventory could be physically counted, following which the plant remained closed for ...


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