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TELEDYNE VASCO v. COMMONWEALTH PENNSYLVANIA (09/20/88)

decided: September 20, 1988.

TELEDYNE VASCO, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



Appeal from the Orders of the Unemployment Compensation Board of Review, in the case of In Re: Claim of Thomas Eckhardt, No. B-258490; In Re: Claim of Thomas Zinkham, No. B-258491.

COUNSEL

Peter D. Post, Reed, Smith, Shaw & McClay, for petitioner.

No appearance for respondent.

Richard E. Gordon, Grossinger & Gordon, for intervenors, Thomas Eckhardt and Thomas Zinkham.

Judges Barry and McGinley, and Senior Judge Kalish, sitting as a panel of three. Opinion by Judge McGinley.

Author: Mcginley

[ 119 Pa. Commw. Page 584]

Teledyne Vasco (Teledyne) appeals a decision of the Unemployment Compensation Board of Review (Board), affirming a referee's decision granting unemployment compensation benefits to claimants Thomas Eckhardt and Thomas Linkham (lead tokens), Intervenors in this appeal, and other union employees of Teledyne. We affirm.

The facts, as found by the referee and adopted by the Board, are as follows:

3. Members of the Union were employed at the employer's Monaca, Pennsylvania facility which is commonly known as the Colonial Plant.

4. Originally, a three-year labor-management agreement, effective November 1, 1980, covering

[ 119 Pa. Commw. Page 585]

    the terms and conditions of employment of the union members was scheduled to expire on October 31, 1983.

5. Effective July 3, 1983, by means of an addendum to the November 1, 1980, agreement, the same was extended for three additional years and the prior three-year labor-management agreement along with the addendum became the labor-management agreement through October 31, 1986.

6. The July 3, 1983 addendum contained certain concessions on behalf of the bargaining unit employees regarding holidays, vacations and COLA.

7. In accordance with the terms of the addendum, these concessions were to be restored to their original level effective October 31, 1986.

8. Employer and union representatives commenced negotiations on October 7, 1986, in an attempt to arrive at a new labor-management agreement prior to the expiration of the existing agreement at midnight on October 31, 1986.

9. Despite several negotiating sessions, no new labor-management agreement had been reached as of October 29, 1986.

10. At the negotiating session held on October 29, 1986, the union offered to continue working on and after October 31, 1986, under the terms and conditions of the labor-management agreement scheduled ...


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