400 Pa. 446 | Pa. | 1960
Opinion by
This case is similar to but involves facts which distinguish it from Erie Forge and Steel Corporation v. Unemployment Compensation Board of Review, 400 Pa. 440, 163 A. 2d 91. The referee and the board of review made the following findings of fact which are amply supported by the evidence:
The claimants herein were employed in various job classifications by Hershey Estates, Hershey, Pennsylvania, hereinafter referred to as “Employer.” They were represented for collective bargaining purposes by
On Friday, September 13,1957, prior to the termination date of the contract, the Employer caused a notice to be placed upon the bulletin board of all divisions of Hershey Estates, which notice stated as follows: “This division will be open for any of its employees who care to come to work- — regardless of what happens Monday —midnight—.” Subsequent to the termination date of the contract, the Employer caused to be published in the “Hershey News”, a newspaper published by Hershey Estates, and other newspapers of general circulation in and around Hershey, Pennsylvania, the following
Certain of the striking employees applied for unemployment compensation benefits. The Bureau of Employment Security notified the claimants that their claims had been rejected. This decision was appealed to the referee who, after hearing and taking of testimony, allowed benefits for the weeks ending September 30 and October 7, 1957. The Employer then appealed to the board of review which affirmed the referee’s decision. Pursuant to the Employer’s request for re-argument, the board vacated its order and directed re-argument of the case. After hearing, the board reinstated its former decision, ruling that the actions of the Employer constituted a lockout within the meaning of Section 402(d) of the Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897, art. IV, §402; as amended by the Act of June 20, 1939, P.L. 458, §2; Act of April 23, 1942, P.L. 60, §4; Act of May 29, 1945, P.L. 1145, §9; Act of June 30, 1947, P.L. 1186, §2; Act of May 23, 1949, P.L. 1738, §11, 43 PS §802(d). From that decision the Employer appealed to the Superior Court which unanimously reversed, holding that the work stoppage constituted a non-compensable strike and not a lockout under Section 402(d). 191 Pa. Superior Ct. 159, 155 A. 2d 470 (1959).
As we said in the Erie Forge case, the test to be applied to ascertain the ultimate responsibility for a work stoppage is as follows: “Have the employees offered to continue working for a reasonable time under the pre-existing terms and conditions of employment so as to avert a work stoppage pending the final settlement of the contract negotiations; and has the Employer agreed to permit work to continue for a reasonable time under the pre-existing terms and conditions of employment pending further negotiations?” A characterization of a work stoppage as a “strike” or “lockout” by either party during or after the negotiations cannot of itself have any effect on the legal status of the stoppage under Section 402(d). When this test is applied to the facts herein, our result follows as a matter of course. The significant facts are as follows. The' Union offered to have the employees stay on the job on a day to day basis under the pre-existing terms and conditions of employment. This offer, made about five hours prior to the expiration deadline of the existing agreement, was rejected by the employer. The evidence clearly establishes, although there is no specific finding to that effect by any of the tribunals below, that such an offer was unreasonable under the circumstances. In effect, it did not constitute an offer to continue working for a reasonable time under the pre
The situation in Erie Forge is readily distinguishable. There the Union’s offer to extend the existing agreement with a five day cancellation clause was met by the employer’s insistence that work would be avail
Judgments affirmed.