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RODNEY R. BAYS v. COMMONWEALTH PENNSYLVANIA (11/17/81)

decided: November 17, 1981.

RODNEY R. BAYS, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. HYDRIL COMPANY, INTERVENOR



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Rodney R. Bays, No. B-188285.

COUNSEL

Joseph M. Olimpi, for petitioner.

No appearance for respondent.

Henry J. Wallace, Jr., with him John E. Lyncheski, and Stephen J. Stabler, Reed, Smith, Shaw & McClay, for intervenor.

President Judge Crumlish, Jr. and Judges Rogers and Craig, sitting as a panel of three. Opinion by Judge Rogers.

Author: Rogers

[ 62 Pa. Commw. Page 422]

Rodney Bays who was discharged from his job has appealed from an order of the Unemployment Compensation Board of Review denying him unemployment compensation benefits on the ground that his unemployment was the result of his willful misconduct. Section 402(e) of the Unemployment Compensation Law, Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. 802(e). We affirm.

Bays was employed as a craneman by Hydril Company for about five and one-half years. He was a member of Local Union 2755 of the United Steel-workers of America which was the collective bargaining representative of Hydril's employees. The collective bargaining agreement provided that union members would not strike or engage in work stoppages and that no member-employee would participate in any such activities. The agreement also provided for usual grievance procedures.

On August 20, 1979, union members initiated a work stoppage, in violation of the agreement, in a dispute over disciplinary action taken against four employees. The employees returned to work August 23 but renewed the unlawful strike on August 27. The second stoppage ended September 4.

There is evidence that Bays was regularly on the picket line on the occasions of both strikes.

All employees who participated in the illegal strikes received some form of disciplinary action, ranging from dismissal to letters of warning. Twenty-two employees were discharged, forty-five were suspended and about three hundred were sent letters of warning. The employer adduced evidence that the twenty-two discharged employees consisted of those such as Bays who were regularly on the picket line during the strikes. In addition there was evidence

[ 62 Pa. Commw. Page 423]

    that Bays used very abusive language toward a ...


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