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JAMES E. SANTO v. COMMONWEALTH PENNSYLVANIA (12/28/89)

decided: December 28, 1989.

JAMES E. SANTO, PETITIONER,
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. PATRICK J. WINN, PETITIONER, V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



PETITION FOR REVIEW (UNEMPLOYMENT COMPENSATION).

COUNSEL

James E. Santo and Patrick J. Winn, pro se.

James K. Bradley, Asst. Counsel, with him, Clifford F. Blaze, Deputy Chief Counsel, for respondent.

Crumlish, Jr., President Judge, Colins, J., and Narick, Senior Judge.

Author: Crumlish

[ 130 Pa. Commw. Page 331]

James Santo and Patrick Winn (petitioners), pro se, respectively appeal two Unemployment Compensation Board of Review orders which, upon remand,*fn1 affirmed referee decisions and denied Trade Readjustment Allowance (TRA) benefits under Section 231 of the Federal Trade Act of 1974, 19 U.S.C. § 2291 (Act).*fn2 We reverse.

A petition for certification of TRA eligibility was filed with the United States Department of Labor (U.S. Labor Department) on behalf of employees of Wheeling Pittsburgh Steel Corporation, Allenport, Pennsylvania (Wheeling). After investigation, a U.S. Labor Department certifying officer determined that all Wheeling workers who became

[ 130 Pa. Commw. Page 332]

    separated on or after July 26, 1981, were eligible for TRA benefits. The Board determined that petitioners' last day of work was July 25, 1981, that they were separated prior to the certified impact date and thus were ineligible for TRA benefits. Section 231(a) of the Act, 19 U.S.C. § 2291(a), provides, in relevant part:

Payment of a trade readjustment allowance shall be made to an adversely affected worker covered by a certification under subpart A of this part who files an application for allowance for any week of unemployment . . . if the following conditions are met:

(1) Such worker's total or partial separation before his application under this part occurred --

(A) on or after the date, as specified in the certification under which he is covered, on which total or partial separation began or threatened to begin in ...


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