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GLENA VANMETRE v. COMMONWEALTH PENNSYLVANIA (09/18/89)

decided: September 18, 1989.

GLENA VANMETRE, PETITIONER,
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. DELORES A. WETZEL, PETITIONER, V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. WAYNE E. STINE, PETITIONER, V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. LOTTIE E. BITTINGER, PETITIONER, V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. KNOUSE FOODS COOPERATIVE, INC., PETITIONER, V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



PETITION FOR REVIEW (UNEMPLOYMENT COMPENSATION).

COUNSEL

Donald Marritz, Legal Services, Gettysburg, and Carolyn L. Carter, Chambersburg, for petitioners.

Clifford F. Blaze, Deputy Chief Counsel, James Bradley, Harrisburg, for respondents.

Bruce D. Bagley, McNees, Wallace & Nurick, Harrisburg, for Knouse Foods Co-op., Inc.

Peter V. Marks, Sr., Kirschner, Walters & Willig, Philadelphia, for United Food & Commercial Workers Local Union 1357.

Basil L. Merenda, Legal Counsel, United Food & Commercial Workers, Philadelphia.

Crumlish, Jr., President Judge, and Craig, Doyle, Barry, Colins, McGinley and Smith, JJ.

Author: Barry

Section 402.5 of the Unemployment Compensation Law, Act of December 5, 1936, P.L. 2897, as amended, added by the Act of July 1, 1985, P.L. 96, 43 P.S. ยง 802.5., in pertinent part, provides:

(a) Notwithstanding any other provision of this act with respect to service performed in a "seasonal operation" or "seasonal industry," as defined in this section, benefits shall not be paid to a seasonal worker, based on such services, for any week of unemployment occurring outside of the normal seasonal period of operation, provided there is a contract or reasonable assurance that such seasonal worker will perform services in that seasonal industry in his next normal seasonal period.

(h) For the purposes of this section, the following definitions shall apply:

(1) "Fruit or vegetable food processing operation" means those services performed in connection with commercial canning or commercial freezing of fruits and vegetables.

[ 128 Pa. Commw. Page 647]

(3) "Seasonal industry" means an industry, establishment or process within an industry which, because of climatic conditions making it impractical or impossible to do otherwise, customarily carries on fruit or vegetable food processing operations, or both, only during a regularly recurring period of one hundred eighty (180) days of work or less in a calendar year.

(4) "Seasonal operation" means an operation in which it is customary for an employer engaged in a seasonal industry as defined in paragraphs (1) and (3) of subsection (h) of this section, to operate all or a portion of its business during a regularly recurring period of one hundred eighty (180) days of work or less for a normal seasonal period during a calendar year. An employer may be determined to be engaged in a seasonal industry as defined in this section, with respect to a portion of its business, only if that portion, under the usual and customary practice in the industry, is identifiable as a functionally distinct operation.

(5) "Seasonal worker" means a worker who performs commercial canning or commercial freezing services for a fruit or vegetable food processing operation for less ...


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