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ROBERT ORR v. COMMONWEALTH PENNSYLVANIA (09/26/88)

decided: September 26, 1988.

ROBERT ORR, JOHN SHEDLOCK ET AL., PETITIONERS
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



Appeal from the Orders of the Unemployment Compensation Board of Review in the cases of In Re: Claim of John Shedlock, Token Claimant, Decisions Nos. B-256734 to B-256760; and Claim of Robert Orr, Token Claimant, Decisions Nos. B-256761 to B-256793.

COUNSEL

Ronald J. Zera, with him, William Lowman, for petitioners.

No appearance for respondent.

Kathryn Speaker MacNett, with her, Thomas J. Bender, Baskin, Flaherty, Elliott, Mannino & Beren, P.C., for intervenor, Canterbury Coal Company.

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

Author: Mcginley

[ 120 Pa. Commw. Page 46]

Robert Orr and John Shedlock, lead tokens (Claimants) appeal an order of the Unemployment Compensation Board of Review (Board) reversing an

[ 120 Pa. Commw. Page 47]

    award of benefits on July 28, 1986, by the referee. Canterbury Coal Company (Canterbury) intervenes in this appeal.*fn1 The Board filed a notice of non-participation. We reverse the order of the Board.

The relevant facts, as found by the Board in both claims are as follows:

1. The claimant was last employed by Canterbury Coal Company as a mechanic for approximately 18 years with his last day of work being August 2, 1985.

2. The claimant is a member of and vice president of Local Union 6986 of the United Mine Workers of America, District 5.

3. The claimant is the representative claimant of Local 6986 of the in regards [sic] to the labor dispute occurring on August 5, 1985, at the Canterbury Coal Company work site DiAnne Mine.

4. The United Mine Workers of America and the Bituminous Coal Operator's Association, Inc., had entered into a union-management contract on June 7, 1981, with an expiration date of September 30, 1984.

5. The employer, Canterbury Coal Company had been a member of the Bituminous Coal Operator's Association, Inc., on June 7, 1981.

6. In September 1984, and prior to September 30, 1984, the United Mine Workers of America notified Canterbury Coal that a contract separate from the National Agreement would be negotiated among several companies of which Canterbury Coal was one.

[ 120 Pa. Commw. Page 487]

. Later in September, 1984, and still prior to September 30, 1984, the President of Canterbury Coal was given a copy of the separate agreement, signed same, and added an addendum regarding a rail siding issue and mailed it to the Washington, DC office of the United Mine Workers of America.

8. The United Mine Workers of America did not become a signatory to the contract.

9. On September 30, 1984, Canterbury Coal Company continued to offer work and the United Mine Workers of America accepted and continued to work beyond September 30, 1984, the expiration date of the contract, and to August 4, 1985, under the terms and conditions of the expired contract.

10. Negotiation meetings continued, of which there were 19 in number through the period of October, 1984 through June 5, 1985 with the employer's thrust to reduce the existing and expiring contract language and contents and the union holding fast to the terms of said contract, but collectively bargaining the new contract proposals.

11. On June 5, 1985, which is the last day of negotiation meetings, prior to the labor dispute, the ...


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