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ANGIE DIVERGIGELIS v. COMMONWEALTH PENNSYLVANIA (09/14/88)

decided: September 14, 1988.

ANGIE DIVERGIGELIS, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. KELLIANN RYAN, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. HELEN GALLO, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. LEO WARD, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. SARAH LONG, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



Appeals from the Orders of the Unemployment Compensation Board of Review in the Cases of In Re: Claim of Angie DiVergigelis, No. B-259518; In Re: Claim of Kelliann Ryan, No. B-259516; In Re: Claim of Helen Gallo, No. B-259517; In Re: Claim of Leo Ward, No. B-259519; In Re: Claim of Sarah Long, No. B-259520.

COUNSEL

Basil L. Merenda, with him, Michael N. Katz, and Robert G. Rothstein, Meranze and Katz, for petitioners.

Gary L. Kelley, Assistant Counsel, with him, Clifford F. Blaze, Deputy Chief Counsel, for respondent.

No appearance for intervenor.

Judges Craig and Palladino, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Senior Judge Barbieri.

Author: Barbieri

[ 119 Pa. Commw. Page 432]

Angie DiVergigelis, Kelliann Ryan, Helen Gallo, Leo Ward, and Sarah Long (Claimants) appeal orders of the Unemployment Compensation Board of Review (Board) denying them benefits on account of willful misconduct

[ 119 Pa. Commw. Page 433]

    pursuant to Section 402(e) of the Unemployment Compensation Law.*fn1

Claimants were all terminated from their employment*fn2 with M.L. Dessert Corporation (Employer) for their alleged participation in an illegal strike at the Employer's plant at Seventh Street and Lindley Avenue in Philadelphia.

Claimants are all members of the Bakery, Confectionery and Tobacco Workers' International Union AFL-CIO-CLC Local No. 6 (Union). Article 11 of the collective bargaining agreement*fn3 between the Employer and the Union prohibited strikes, lockouts, work interruptions, boycotts, temporary walkouts or production slowdowns and provides for the immediate discharge of any employee who violates this provision.

By letter dated April 17, 1986,*fn4 a shop steward was suspended pending dismissal for "verbally and physically assaulting" one of the Employer's vice presidents. The Employer's assistant production manager testified that there were rumors that the plant employees were planning a "walkout" on Saturday, April 19, 1986, in response to this disciplinary action. No walkout in fact occurred on Saturday. The assistant plant manager testified further that at approximately 10:00 ...


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