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LAWRENCE YURICK v. COMMONWEALTH PENNSYLVANIA (02/28/84)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: February 28, 1984.

LAWRENCE YURICK, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT

Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Lawrence Yurick, No. B-200141.

COUNSEL

Leon Ehrlich, for petitioner.

Charles Hasson, Associate Counsel, with him John T. Kupchinsky, Associate Counsel, and Richard L. Cole, Jr., Chief Counsel, for respondent.

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

Author: Crumlish

[ 80 Pa. Commw. Page 493]

Lawrence Yurick appeals an Unemployment Compensation Board order which affirmed a referee's denial of benefits to Yurick. We reverse and remand.

Yurick, a member of the Baker's Confectionery and Tobacco Worker's Union, was last employed as a baker by Spaulding Bakeries, Inc. While Spaulding and the union were negotiating a collective bargaining

[ 80 Pa. Commw. Page 494]

    agreement, Spaulding transferred machinery from the plant in which Yurick worked to an out-of-state plant. In light of this action, the day after the contract expired, the union held a vote to determine whether to continue work. Yurick was a participant in both the unanimous vote to discontinue work and the resulting picket lines.

When a claimant's employment is interrupted by a work stoppage arising out of a labor dispute, the claimant bears the burden of proving that the stoppage resulted from a lockout. Kerner v. Unemployment Compensation Board of Review, 68 Pa. Commonwealth Ct. 132, 448 A.2d 666 (1982).

The sole issue before us*fn1 is whether Yurick's unemployment stems from a work stoppage resulting from a labor dispute or a lockout.

Section 402(d) of the Unemployment Compensation 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 lockout) at the factory, establishment or other premises at which he is or was last employed. . . .*fn2

The test to determine whether a work stoppage is the product of a strike or a lockout is set forth in

[ 80 Pa. Commw. Page 495]

Order

The order of the Unemployment Compensation Board of Review, No. B-200141 dated October 9, 1981, is hereby reversed and remanded.

Jurisdiction relinquished.

Disposition

Reversed and remanded.


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