Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Rudolf J. Svitek et al., No. B-131683.
Michael C. Fox, with him James H. Stewart, Jr., and Nauman, Smith, Shissler & Hall, for appellant.
Reese Couch, Assistant Attorney General, with him Gerald Gornish, Attorney General, for appellee.
President Judge Bowman and Judges Crumlish, Jr., Mencer, Rogers, Blatt, DiSalle and Craig. Judges Wilkinson, Jr. and MacPhail did not participate. Opinion by Judge Crumlish, Jr.
[ 42 Pa. Commw. Page 431]
The Unemployment Compensation Board of Review (Board) affirmed a referee's award of benefits to Rudolf J. Svitek, Jr.*fn1 His employer, Libbey-Owens-Ford Company, appealed. The issue for determination is whether Svitek was "indefinitely separated from his employment" within the meaning of Section 404(d)(ii) of the Unemployment Compensation Law (Act)*fn2 so that benefits received during the plant shutdown
[ 42 Pa. Commw. Page 432]
would not be reduced by vacation pay.*fn3 We reverse.
Svitek was employed at Libbey Mirror, a division of Libbey-Owens-Ford Company (Employer). In June, 1975, the plant was closed for one week, designated "vacation" time by plant management, during which all employees, on due proper notice, were compelled to use at least one week of their remaining vacation allowance.*fn4 Management was empowered to do this under the provision of its Labor Agreement with United Glass and Ceramic Workers of North America.
Employer posted two notices of the Company's intentions on plant bulletin boards next to employee time clocks. The first notice, dated May 13, 1975, stated that the plant would close operations on June 27, 1975, at 12 o'clock A.M. and reopen July 7, 1975 at 12 o'clock A.M. The second notice, dated June 24, 1975, read substantially the same as the May 13 notice with two exceptions:
1. The reopening date was moved forward to July 6, 1975.
2. The notice was captioned "Vacation Notice."
Operations were resumed as scheduled on July 6, 1975. All employees affected by the layoff had received their vacation pay ...