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CRILE MACHINE COMPANY v. COMMONWEALTH PENNSYLVANIA (10/08/87)

decided: October 8, 1987.

CRILE MACHINE COMPANY, 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 Patsy Capo (Token Claimant), No. B-237695.

COUNSEL

Mark S. Shiffman, Baskin and Steingut, P.C., for petitioner.

James K. Bradley, Associate Counsel, with him, Paul E. Baker, Acting Deputy Chief Counsel, for respondent.

Judges MacPhail and Colins, and Senior Judge Blatt, sitting as a panel of three. Opinion by Judge Blatt.

Author: Blatt

[ 110 Pa. Commw. Page 151]

The Crile Machine Company (employer) petitions for review of an order of the Unemployment Compensation Board of Review (Board) which affirmed a referee's award of benefits to Patsy Capo (claimant), as one of two representative claimants who were members of the District Lodge 63, Local 52, International Association of Machinists and Aerospace Workers (Union). The referee and the Board concluded that the claimant was eligible for unemployment compensation benefits under the lockout exception of Section 402(d) of the Unemployment Compensation Law (Law), 43 P.S. ยง 802(d).

[ 110 Pa. Commw. Page 152]

The facts of this case, as found by the Board, are pertinently set forth in the following findings:

4. A three year labor management agreement between the employer and Local 52 expired at midnight on September 30, 1984 without a new labor management agreement being reached by the parties.

5. Prior to said expiration date and as early as August 1983 the employer had explained to Local 52 that it was having financial problems and needed relief and in August 1983 the employer specifically requested that Local 52 and its membership forego a seventy cent per hour wage increase scheduled to go into effect on September 1, 1983.

6. The union refused to forego the aforesaid seventy cent per hour wage increase requested by the employer, and the employer managed to meet the contract conditions.

7. The first negotiating session regarding a new labor management agreement was held on August 21, 1984 and at this meeting the employer asked for concessions and the union understood that the employer's books were open for inspection by union officials.

8. The employer wanted a continuation of negotiating sessions but could not arrange for another session after August 21, 1984 until September 27, 1984 and, at this session, the union, for the first time, submitted its demands regarding a new contract and the union demands ...


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