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JOHN J. WALLACE ET AL. v. COMMONWEALTH PENNSYLVANIA (04/07/82)

decided: April 7, 1982.

JOHN J. WALLACE ET AL., PETITIONERS
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. WILKES-BARRE PUBLISHING COMPANY, INTERVENOR



Appeal from the Order of the Unemployment Compensation Board of Review in the cases of In Re: Claims of John J. Wallace, (Token Claimant) No. B-177043, Jerry L. Mills, (Token Claimant) No. B-177050, Robert J. Booth, (Token Claimant) No. B-177045, and Albert A. Bartoletti, (Token Claimant) No. B-177046.

COUNSEL

Warren J. Borish, Meranze, Katz, Spear & Wilderman, for petitioners.

Robert N. Opel, II, Hourigan, Kluger & Spohrer Associates, with him R. Eddie Wayland, King & Ballow, for intervenor.

No appearance for respondent.

President Judge Crumlish, Jr. and Judges Blatt and MacPhail, sitting as a panel of three. Opinion by President Judge Crumlish, Jr. Judge Palladino did not participate in the decision in this case.

Author: Crumlish

[ 65 Pa. Commw. Page 644]

John Wallace, Jerry Mills, Robert Booth and Albert Bartoletti appeal an Unemployment Compensation Board of Review order which found them*fn1 to be

[ 65 Pa. Commw. Page 645]

    ineligible for benefits under Section 402(d) of the Unemployment Compensation Law.*fn2 We affirm.

Claimants worked for the Wilkes-Barre (Newspaper) Publishing Company. They were members of four unions representing the employees of the newspaper. In May of 1978, Capital Cities Communications, Inc., purchased the newspaper. When two collective bargaining agreements expired on October 2, 1976, members continued to work under the old agreement; the two other agreements expired on September 30, 1978. All four unions continued to work under these expired agreements until October 6, 1978 when a work stoppage occurred.

The issue before us is whether the work stoppage was a strike or a lockout. Section 402 of the law 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 ...


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