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KENNETH E. HOFFMAN v. COMMONWEALTH PENNSYLVANIA (09/03/86)

decided: September 3, 1986.

KENNETH E. HOFFMAN, 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 Kenneth E. Hoffman, No. B-240432.

COUNSEL

Stephen L. Barsotti, for petitioner.

Jonathan Zorach, Associate Counsel, with him, Charles G. Hasson, Acting Deputy Chief Counsel, for respondent.

Edmund M. Carney, Rose, Schmidt, Chapman, Duff & Hasley ; Of Counsel: Jeannette Fisher-Garber, for intervenor, Joy Manufacturing Company.

Judges Colins and Palladino, and Senior Judge Kalish, sitting as a panel of three. Opinion by Judge Palladino. Dissenting Opinion by Judge Colins.

Author: Palladino

[ 100 Pa. Commw. Page 265]

Kenneth Hoffman (Claimant) is a token claimant seeking review of an order of the Unemployment Compensation Board of Review (Board) denying benefits to himself and similarly situated members of the International Association of Machinists and Aerospace Workers, Local 1842 (Union). The Board reversed the referee's award of benefits, and determined that Claimant and other union members were precluded by Section 402(d)

[ 100 Pa. Commw. Page 266]

    of the Unemployment Compensation Law (Act)*fn1 from receiving benefits. Section 402(d) of the Act bars a claimant from compensation for any week in which his unemployment was due to a stoppage of work existing because of a labor dispute, other than a lockout, at the factory, establishment, or other premises at which the claimant is or was last employed.*fn2

The Union and intervenor-employer, Joy Manufacturing Company (Employer), were parties to a collective bargaining agreement (prior contract) which expired on August 6, 1983. The Union represented employees at several mining machinery manufacturing plants in Franklin, Pennsylvania, owned by Employer. The parties bargained from June 7, 1983, until August 1, 1983, without a new agreement being formulated.

A formal strike was voted on, assented to, and commenced as of midnight, August 6, 1983 and pickets were set up. After four weeks, Employer began dismantling the plant and relocating the manufacturing work to other plant locations and subcontractors in Pennsylvania, West Virginia, Virginia, Illinois, Colorado, New Hampshire, and Michigan.

On October 19, 1983, a negotiation session was held at which the Union made offers to resume work either under a new one-year contract based on the terms and conditions of the prior contract or under the terms of the prior contract on a day-to-day basis while negotiations continued. These offers ...


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