Appeal from the Order of the Unemployment Compensation Board of Review in the case of In Re: Claim of Victor W. Stevens, No. B-163039-B; Claim of Bonita Lea Upton, No. B-163040-B; Claim of Richard E. Bednarcik, No. B-163041-B; Claim of Sandra S. Lilley, No. B-163042-B and Claim of James N. Marchesani, No. B-163043-B.
David S. Machlowitz, with him Theodore J. Martineau, of counsel, Ballard, Spahr, Andrews & Ingersoll, for petitioner.
No appearance for respondent.
A. Martin Herring, of counsel, Teitelman and Herring, for intervenors.
Judges Craig, Williams, Jr. and Palladino, sitting as a panel of three. Opinion by Judge Craig.
The Centennial School District (district) appeals the order of the Unemployment Compensation Board of Review which, on remand from this court, reversed its previous denial of benefits and awarded compensation to intervenors, as token claimants, for forty-three
days of unemployment in 1976. The board concluded that claimants' unemployment was the result of a lockout by the district under the terms of Section 402(d) of the Unemployment Compensation Law.*fn1
The events leading to this appeal, as found by the board, were as follows:
The labor contract between the district and the Centennial Education Association (CEA), which represents claimants as teachers, expired on June 30, 1976. Classes had been scheduled to recommence on September 8, 1976. However, on August 17, the district passed a "no-new-contract-no-work" resolution.*fn2 Two days later, the CEA bargaining team offered a letter agreement to the district in which the teachers agreed to abide by the terms and conditions of the expired contract, treating it as extended for a month, from September 8, 1976 to October 8, 1976.*fn3 The district
rejected the offer and, on September 7, informed the CEA that, unless the teachers would guarantee not to strike after October 8, or not to strike without advance notice, the schools would not be opened. The district also then rescheduled the opening of ...