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JOSEPH E. GLESK v. COMMONWEALTH PENNSYLVANIA (05/18/87)

decided: May 18, 1987.

JOSEPH E. GLESK, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



Appeal from the Order of the Unemployment Compensation Board of Review in the case of In Re: Claim of Joseph E. Glesk, No. B-239750.

COUNSEL

Frank J. Lucchino, Grogan, Graffam, McGinley, Solomon & Lucchino, for petitioner.

Samuel H. Lewis, Associate Counsel, with him, Clifford F. Blaze, Deputy Chief Counsel, for respondent.

Judges Craig and Barry, and Senior Judge Narick, sitting as a panel of three. Opinion by Senior Judge Narick.

Author: Narick

[ 106 Pa. Commw. Page 203]

Joseph E. Glesk (Claimant), as token petitioner for similarly situated members of the United Steel Workers of America, Local 1187, has appealed from an order of the Unemployment Compensation Board of Review (Board), which affirmed a referee's decision declaring Claimant to be financially ineligible for benefits. We affirm.

Claimant filed a claim for unemployment compensation benefits on October 7, 1984. The Office of Employment Security (OES) determined that he was financially ineligible for benefits as his base year earnings were insufficient. Claimant appealed from this determination. In the Notice of Hearing on Original Appeal, Claimant's employer, Wheeling-Pittsburgh Steel Co., was advised that the following issues would be considered at a hearing before a referee: 1) whether Claimant was able and available for suitable work under Section 401(d) of the

[ 106 Pa. Commw. Page 204]

Unemployment Compensation Law (Law),*fn1 and 2) whether Claimant was paid the qualifying amount of wages in subject employment under Section 404 of the Law.*fn2

The hearing was held on November 26, 1984. Claimant*fn3 advanced two theories at that hearing. He first submitted that wages he earned during the pay period ending March 24, 1984, but which he did not receive until April, 1984 were improperly allocated to the second quarter of 1984, when the employer reported them. Had these wages been allocated to the first quarter of that year, Claimant would have been eligible for benefits. Secondly, Claimant contended that the value of certain contractually-negotiated wage concessions between his union and employer should have been considered as compensation for the purpose of determining his financial eligibility for benefits.*fn4 The referee specifically declined to rule on the latter issue because it was not raised before the OES and the employer was unaware of it. While he did accept testimony on the concessions issue and commented upon it in his decision, the referee was careful to limit his ruling to the one issue properly before him, the wage allocation issue. He determined that Claimant was financially ineligible for benefits because his March wages were properly allocated to the second quarter of 1984, as they were actually

[ 106 Pa. Commw. Page 205]

    paid to Claimant in that quarter. On appeal, the Board affirmed the referee's decision without comment.

Claimant has appealed to this Court from the Board's order. In his three-page brief, he has raised only one issue: whether the value of the concessions ought to have been included in calculating the amount of his compensation. We must determine whether, as the Board contends, this ...


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