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MCCORMICK DRAY LINES v. COMMONWEALTH PENNSYLVANIA (05/06/83)

decided: May 6, 1983.

MCCORMICK DRAY LINES, INC., PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. OLEN M. JOHNSON ET AL., INTERVENORS



Appeal from the Order of the Unemployment Compensation Board of Review in the case of In Re: Claim of Olen M. Johnson et al., No. B-198975.

COUNSEL

William J. Flannery, Morgan, Lewis & Bockius, for petitioner.

No appearance for respondent.

Ira H. Weinstock, P.C., for intervenors.

President Judge Crumlish, Jr. and Judges Williams, Jr., Craig, MacPhail and Doyle. Opinion by President Judge Crumlish, Jr. Judge Williams, Jr., concurs in the result only.

Author: Crumlish

[ 74 Pa. Commw. Page 182]

McCormick Dray Lines, Inc., appeals an Unemployment Compensation Board of Review order awarding benefits. We affirm.

[ 74 Pa. Commw. Page 183]

McCormick, a trucking company primarily engaged in interstate and intrastate hauling of freight, employs the claimants, truckers who are members of Teamsters Local No. 764. McCormick and the Teamsters were parties to a three-year collective bargaining agreement which expired on November 24, 1980. During negotiations, following the agreement's expiration, the truckers continued to work under its terms and conditions.

On December 22, 1980, McCormick and the Teamsters agreed, in writing, to a day-to-day extension of the expired contract, with the stipulation that the union would give a forty-eight hour strike notice before striking. On January 21, 1981, however, the Teamsters unilaterally rescinded the strike notice agreement, but continued working on a day-to-day basis until February 5, 1981, when they struck.

Eleven days after the strike began, the Teamsters sent McCormick a telegram unconditionally offering to return to work immediately. Four days later, McCormick rejected the offer and refused to resume business until the contract dispute was resolved. Three days later, the Teamsters again made an unconditional offer to return to work, but received no response from McCormick.

McCormick and the Teamsters finally negotiated a new contract, which was ratified by the Teamsters' membership on March 4, 1981, the truckers returning to work the next day.

McCormick argued that, due to their strike action, the truckers were disqualified for benefits by Section 402(d) of the Unemployment Compensation Law.*fn1 This ...


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