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JOHN MASTEN v. COMMONWEALTH PENNSYLVANIA (04/12/89)

decided: April 12, 1989.

JOHN MASTEN, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. JAMES J. OATES, JR., PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. NUNZIO T. SANTO COLOMBO, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. DONALD O. VAN VARENBERG, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. RODGER P. LEASURE, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. WILLIAM F. CARSON, JR., PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. JOSEPH J. MOLEK, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. WILLIAM SMICHNICK, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. ELIZABETH ROCKRIDGE, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. FRED HOYES, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. JOSEPH A. EVANS, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. DANIEL B. SABO, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. FRANCIS ROBERTS, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. RUDOLPH P. BERTY, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. JULES M. MASSEY, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. ALFRED J. ULENS, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. HARRY J. PREVISKY, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. RICHARD LEE CHARLTON, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. FRANK W. DUDA, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. S. DOUGLAS ALLSHOUSE, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. SUSAN A. NAYLOR, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. KATHRYN A. KOMLOS, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. BRIAN P. DOLFI, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. JOHN FILIPPELLI, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. HOWARD MATHEWS, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. FRANK S. CASCIO, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. STEVE PAGALOS, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. FRANK PISANO, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. VINCENT MURACO, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. ROBERT E. BLEAKNEY, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. RICHARD L. OSMAN, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. MARK HIENZ, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. WARREN DIETZ, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. JAMES E. STIEFEL, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



Appeals from the Order of the Unemployment Compensation Board of Review, in the case of In Re: Claim of Frank W. Duda, et al., Decision No. B-262863.

COUNSEL

John Stember, Neighborhood Legal Services Association of Pittsburgh, with him, Mary-Win O'Brien, Associate General Counsel, United Steelworkers of America, for petitioners, Frank W. Duda, et al.

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

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

Author: Craig

[ 125 Pa. Commw. Page 94]

The claimants in these cases are appealing decisions of the Unemployment Compensation Board of Review which denied their applications for Trade Readjustment Allowance (TRA).

The claim of Frank Duda is the lead case at issue. The other claimants in this action appeal from decisions based on the conclusion the board reached in the Duda action. Frank Duda and some of the claimants in these consolidated cases, were laid off from Wheeling-Pittsburgh's Allenport facility. Other claimants were laid off from the Babcock & Wilcox Beaver Falls facility. For purposes of this decision, the facts discussed will be based on the Duda action.

The facts are not in dispute. Duda worked for Wheeling-Pittsburgh Steel at Allenport for over eighteen years. He was laid off on April 4, 1982. Duda and the other claimant, were determined by the Secretary of Labor to be adversely affected employees pursuant to § 2291 of the Trade Act of 1974, 19 U.S.C. § 2291 (1986), as amended.

[ 125 Pa. Commw. Page 95]

The certification date of the petition was May 4, 1983. Duda applied for state unemployment benefits and received them through January 29, 1983. After that period, he became eligible for federal extended benefits through April 2, 1983. He filed a second claim for state benefits that ran through November 5, 1983. He again filed for federal extended benefits which he received through February 4, 1984. Duda returned to work for a few weeks sometime in 1984.

At this point, Duda had exhausted all existing state benefits and federal extended benefits. In March, 1987, Duda filed an application for TRA. The referee denied his application for TRA benefits, and Duda appealed to the Unemployment Compensation Board of Review. The board, interpreting 19 U.S.C. § 2293(a)(2), concluded that the claimant had exhausted his rights to all unemployment compensation with the claim week ending February 4, 1984. The claimants therefore became eligible for TRA benefits with the claim week ending February 11, 1984 and terminating with the claim week ending February 2, 1985. The board further concluded that, because the claimant did not apply for TRA until two years after the end of his 52-week period of eligibility for benefits, benefits must be denied.

The issue before this court is whether the board correctly interpreted § 2293(a)(2) in accordance with the intent of ...


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