Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Thomas P. Renne, No. B-160510.
Germaine Ingram, for petitioner.
Stephen B. Lipson, Assistant Attorney General, with him Richard Wagner, Chief Counsel, and Edward G. Biester, Jr., Attorney General, for respondent.
Judges Wilkinson, Jr., Mencer and Rogers, sitting as a panel of three. Opinion by Judge Mencer. Dissenting Opinion by Judge Rogers.
[ 52 Pa. Commw. Page 399]
Thomas P. Renne (claimant) seeks review by this court of the decision of the Unemployment Compensation Board of Review (Board) which held that he was disqualified from receiving compensation benefits under the provisions of Section 402(d) of the Unemployment Compensation Law (Act), Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. § 802(d). Section 402(d) provides:
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: Provided, That this subsection shall not apply if it is shown that (1) he is not participating in, or directly interested in, the labor dispute which caused the stoppage of work, and (2) he is not a member of an organization which is participating in, or directly interested in, the labor dispute which caused the stoppage of work, and (3) he does not belong to a grade or class of workers of which, immediately before the commencement of the stoppage, there were members employed at the premises at which the stoppage occurs, any of whom are participating in, or directly interested in, the dispute.
Claimant was last employed by the Fox Chapel Area School District (School District) on June 24,
[ 52 Pa. Commw. Page 4001977]
, as a full-time substitute teacher. On June 20, 1977, he was informed by a letter from the School District's Director of Secondary Education that he would not be retained as an employee for the following school year. The claimant was placed on a list of substitute teachers.
From September 1, 1977 until September 27, 1977, the School District's staff of full-time, regular teachers engaged in a work stoppage. No classes were held during the period of the work stoppage and no substitute teachers were called to replace the striking employees.
Since claimant was not a member of the teachers' organization which participated in the labor dispute which caused the stoppage of work, did not himself participate in the work stoppage, and did not stand to benefit from any terms or conditions of a new collective bargaining agreement, he met the first two conditions set forth in the proviso to Section 402(d) of the Act. ...