Appeals from the Orders of the Unemployment Compensation Board of Review in cases of In Re: Claims of Doris J. Dzombak, No. B-146265; Margaret A. Kuhl, No. B-146266; Rita M. Teti, No. B-146267; Edward F. Thomas, No. B-146268; Ann E. Putman, No. B-146269; Darlene C. Beachley, No. B-146270; Edmund S. Kalinoski, Jr., No. B-146271; Doris Martino, No. B-146272; Phyllis L. Spiegel, No. B-146273; Jane G. Beatty, No. B-146274; and Alex E. Bahus et al., No. B-146306.
John P. Papuga, with him Peter J. King; Tucker, Arensberg & Ferguson and Lewis J. Nescott, for petitioner.
Daniel R. Schuckers, Assistant Attorney General, and Shelley W. Elovitz, with them Ronald N. Watzman; Watzman, DeAngelis and Elovitz ; and Gerald Gornish, Acting Attorney General, for respondents.
Michael I. Levin, with him William Fearen, for amicus curiae, Pennsylvania School Boards Association.
President Judge Bowman and Judges Wilkinson, Jr., Mencer, Rogers, Blatt, DiSalle and MacPhail. Judges Crumlish, Jr. and Craig did not participate. Opinion by Judge Mencer.
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The above captioned cases were consolidated for argument before this Court because they all involve
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unemployment compensation claimants who were unemployed during work stoppages which resulted from labor disputes with the McKeesport Area School District (School District). The Unemployment Compensation Board of Review (Board) held that the claimants had been "locked out" within the meaning of Section 402(d) of the Pennsylvania Unemployment Compensation Law, Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. § 802(d), and were therefore eligible for Special Unemployment Assistance (SUA) benefits, pursuant to Title II of the Emergency Jobs and Unemployment Assistance Act of 1974 (Assistance Act), 26 U.S.C.A. § 3304.*fn1 The School District appealed to this Court.*fn2 We affirm.
While cases at Nos. 1458 through 1467 C.D. 1977 involve identical facts, No. 1468 C.D. 1977 involves different facts, and that case will therefore be considered separately.
The referee's findings of fact in these cases are exceptionally complete and detailed, thus making our
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task somewhat easier. The following is a summary of the referee's findings which have not been challenged by the School District.
Claimants are school teachers employed by the School District and are members of the McKeesport Area Association (Union). The collective bargaining agreement between the School District and the Union was scheduled to expire on August 30, 1976, and negotiations for a new agreement began in December 1975. During these negotiations, the Union made it clear that its members were willing to continue working beyond the August 30 deadline under the terms and conditions of the existing contract for as long as negotiations continued. On August 30, no new agreement having been concluded, ...