175 Pa. Super. 497 | Pa. Super. Ct. | 1954
Opinion by
John C. Mehlbaum and ninety-two other individuals (hereinafter referred to as the claimants) were production workers and employes of the Philadelphia and Reading Coal and Iron Company, Pottsville (hereinafter referred to as the employer), which operates collieries at and known as Alaska, Locust Gap and Reliance, Pennsylvania. Claimants were all members of the United Mine Workers of America (hereinafter referred to as the union), which organization is their exclusive representative for the purposes of collective bargaining. The terms and conditions of employment were prescribed by a collective bargaining agreement between the union and the employer. This contract, although providing for holidays, did not designate Easter Monday in any year as a holiday! The employer in 1943, and continuing through 1948, scheduled work at the aforesaid collieries on Easter Monday of each year. During those years fire bosses reported and inspected the mines in preparation for the employes to come to work, and other supervisory employes likewise reported to the mines on said day, but the production employes at the several collieries in question failed to report for work on Easter Monday.
Claimants filed applications for partial benefits for the claim week ending April 16, 1952. There was testimony on the part of the employer that work would have been furnished that week on Easter Monday, had claimants indicated that they were willing to work on that day. If claimants had worked on Easter Monday, the remuneration paid or payable for the week in question would have exceeded their weekly benefit rate.
The controlling issue is whether the claimants, after taking a positive position of not reporting for work on Easter Monday for a period of nine years, can now assert that their unemployment on that day in 1952 was involuntary, when the employer could and would have furnished work had claimants indicated their willingness to work. It is the position of their counsel that claimants were unemployed involuntarily on Easter Monday in view of the action of the em
Section 402(b) of the Unemployment Compensation Law,
Appellants contend that there was no duty on the part of the claimants to notify the employer of their willingness to work,
We must not lose sight of the purpose of the Act, as expressed in the declaration of public policy. It was designed to benefit those persons who became unemployed through no fault of their own: Fazio v. Unemployment Compensation Board of Review, 164 Pa. Superior Ct. 9, 63 A. 2d 489; Barclay White Co. v. Unemployment Compensation Board of Review, 356 Pa. 43, 40 A. 2d 336. This public policy must be considered in construing every provision of the law and in determining eligibility for compensation in every case: Michalsky v. Unemployment Compensation Board of Review, 163 Pa. Superior Ct. 436, 62 A. 2d 113. The Act must be construed sensibly, so that absurd results may be avoided: Sun Shipbuilding & Dry Dock Co. v. Unemployment Compensation Board of Review, 358 Pa. 224, 56 A. 2d 254. While the factual situation is not similar, the principles enunciated in Mattey v. Unemployment Compensation Board of Review, 164 Pa. Superior Ct. 36, 63 A. 2d 429, are particularly relevant. The language used in concluding the opinion sets forth the policy of the Act which must be invoked in the present case. President Judge Khodes said: “The unemployment compensation reserves established thereunder should be used for the payment of benefits to those who come within the objective of the Act. Payments must be made in accordance with its avowed purposes, and the Act must be given a realistic interpretation. The Act does not contemplate ‘a compensated
There can be no question that in the years 1943 to 1951 the present claimants refrained from working in violation of the union contract and, in so doing, placed themselves outside the protection of the statute: Duguesne Brewing Co. of Pittsburgh v. Unemployment Compensation Board of Review, 162 Pa. Superior Ct. 216, 56 A. 2d 269, affirmed 359 Pa. 535, 59 A. 2d 913. They cannot now be allowed to seize upon the notice given by the employer as the foundation upon which to base their claims for benefits.
Decision affirmed.
Except that some production, workers at the Reliance and Locust Gap collieries did work on Easter Monday, 1943.
Claimants did not work from April 10, 1952, to April 14, 1952, inclusive. They did work the remaining two days of that work week, viz., April 15, and April 16, 1952, earning a total of $28.78 each. Their claims are for the difference between that amount and their weekly benefit rate of $30.00.
Act of December 5, 1936, P. D. (1937) 2S97, as amended, 43 P.S. 802(b).
Claimants do not assert that they would have reported for duty had work been scheduled.