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ROBERT C. BENNETT v. COMMONWEALTH PENNSYLVANIA (04/24/85)

decided: April 24, 1985.

ROBERT C. BENNETT, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. SAMUEL FINKELSTEIN, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. ROBERT R. JOHNSON, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. VICTOR E. TENAGLIA, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. MARY C. LAW, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



Appeals from the Orders of the Unemployment Compensation Board of Review in cases of Robert C. Bennett, Samuel Finkelstein, Robert R. Johnson, Victor E. Tenaglia and Mary C. Law, Nos. B-216785 through B-216789, inclusive.

COUNSEL

Leonard V. Tenaglia, Richard, DiSanti, Hamilton, Gallagher & Paul, for petitioners.

No appearance for respondent.

D. Barry Gibbons, Gibbons, Buckley, Smith, Palmer & Proud, P.C., for intervenor, Delaware County Community College.

President Judge Crumlish, Jr., and Judges Rogers, Craig, MacPhail, Colins and Palladino. Opinion by Judge Colins. Judge Doyle did not participate in the decision in this case. Judge Williams, Jr., did not participate in the decision in this case. Dissenting Opinion by President Judge Crumlish, Jr.

Author: Colins

[ 89 Pa. Commw. Page 3]

Robert C. Bennett, Samuel Finkelstein, Robert R. Johnson, Victor E. Tenaglia and Mary C. Law (claimants) appeal orders of the Pennsylvania Unemployment Compensation Board of Review (Board) denying them benefits under the provisions of Sections 401, 4(u) and 404(d) of the Unemployment Compensation Law (Law), Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. ยงยง 801, 753(u) and 804(d).

Claimants are employed by Delaware County Community College as Instructors.*fn1 On August 31, 1981, a work stoppage ensued which lasted through September 24, 1981.*fn2 The instructors were supposed to report for work on August 24, 1981 and classes were scheduled to begin on August 31, 1981. Negotiations for a new contract began in July of 1981, but when no agreement was reached by August 24, 1981, the employer extended to the union an offer to continue work on a day to day basis pending settlement of the new wage provision. Employment on a day to day basis would continue until midnight of August 30, 1981. The

[ 89 Pa. Commw. Page 4]

    members of the union accepted this offer and worked from August 24th through August 28th.

On August 27th, the employer extended to the union another offer to continue employment indefinitely under terms of the existing contract if the union agreed not to strike until the school term was completed.*fn3 The union rejected this offer and instead offered to continue working on a day to day basis.

On August 31st, the employer notified the union that the College was closing immediately as a result of the rejection by the union. Nevertheless, members of the union reported for work on August 31st and found classroom doors locked.

As a result of the work stoppage, claimants did not work for eighteen days. Work was resumed on September 25, 1981 after the employer and union members reached a tentative agreement.

The pertinent sections of the agreement read as follows:

(1) Salary increases for all ISM's (Instructional Staff Members) covered by the agreement shall be implemented for the 1981-1982 year . . . with the exceptions that the resumption of the Fall term shall be Friday, September 25, and that one additional day shall be added to the calendar at the discretion of the College, for a total of 169 days.*fn4

(2) The following provisions with respect to the eighteen service days for twelve month ISM's which must ...


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