Allegheny Ludlum Corp. v. Commonwealth

634 A.2d 587, 535 Pa. 125, 1993 Pa. LEXIS 215
CourtSupreme Court of Pennsylvania
DecidedNovember 1, 1993
DocketNo. 114 W.D. Appeal Docket 1991
StatusPublished
Cited by4 cases

This text of 634 A.2d 587 (Allegheny Ludlum Corp. v. Commonwealth) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Allegheny Ludlum Corp. v. Commonwealth, 634 A.2d 587, 535 Pa. 125, 1993 Pa. LEXIS 215 (Pa. 1993).

Opinions

OPINION

ZAPPALA, Justice.

We granted allocatur in this case to examine the sui generis issue of whether Short Week Benefits (SWB) received by Intervenors are “remuneration” for purposes of determining their status as unemployed within the definition of Section 4(u) of the Unemployment Compensation Law (Act), 43 P.S. § 753(u). The Commonwealth Court (en banc) affirmed the orders of the Unemployment Compensation Board of Review (Board) that in turn had reversed the referees’ decisions and granted benefits finding that SWB were not remuneration within the meaning of 43 P.S. § 753(u). We now reverse.

Charles E. Thorpe, Jr. and William Covey, III, Intervenors, are representatives of a group of bargaining unit employees at Appellant, Allegheny Ludlum Corporation. Their collective bargaining agreement between Allegheny Ludlum Corporation and The United Steelworkers of America includes a [127]*127Supplemental Unemployment Benefit Plan. The plan includes a provision known as SWB, which provides that employees with two or more years of continuous service will receive thirty-two hours pay for any week in which they are scheduled to work less than thirty-two hours. SWB payments are made from the plan trust fund, which is funded solely by employer contributions and are subject to income tax by the Internal Revenue Service.

The Intervenors and thirty-eight other claimants involved in this action worked substantially less than thirty-two hours during the week ending May 6, 1989, and were paid SWB. Charles E. Thorpe, Jr., worked nine hours during the aforementioned week and received gross wages of $107.28. Because he worked less than thirty-two hours and was otherwise eligible for SWB, he was provided payment from the plan trust fund for an additional twenty-three hours in the amount of $892.42. During the same week in question, William Covey, III, worked eight hours for which he earned gross wages of $86.00. In addition to his earnings, he was paid SWB from the plan trust fimd for an additional twenty-four hours in the amount of $346.16.

Thereafter, the Intervenors, along with the thirty-eight other claimants, filed for unemployment compensation benefits with the Office of Employment Security (OES). Thorpe’s Employer’s Notice of Application filed with OES indicated in item C(3) that the reason for the separation was that the department shut down. However, in item D(2) of the same form, he indicated that the separation was temporary and the expected recall date was May 10, 1989. Similarly, Covey’s Employer’s Notice of Application indicated in item D(2) that the separation was temporary due to a breakdown. OES denied these claims. Both the Intervenors appealed the denial of benefits. Contemporaneously with the filing of these appeals, an agreement was entered into which rendered the proceeding before the referees applicable to all of the thirty-eight other claimants.

OES’ denial of benefits was affirmed as to both Intervenors by separate referees at separate hearings. The referees [128]*128determined that the SWB payments constituted remuneration within the meaning of Sections 4(u) and 404(d)(1) of the Act, and therefore were properly offset against claimants’ entitlement to unemployment compensation for the week at issue. Specifically, the referees found that Charles E. Thorpe, Jr. and William Covey, III could not be considered unemployed because their actual earnings of $107.28 and $86.00, respectively, when combined with their SWB payments of $392.42 and $346.16, respectively, were greater than the unemployment compensation benefit rate of $266.00 for which they would have otherwise been entitled to, plus a partial benefit credit of $107.00.

The Intervenors then filed separate appeals from the referees’ decisions to the Board. The Board reversed the referees’ decisions and granted both Thorpe and Covey benefits. The Board, relying upon Hargenrader v. Unemployment Compensation Board of Review, 99 Pa.Commw. 626, 513 A.2d 1135 (1986), concluded that the SWB payments made to the Intervenors were not remuneration because they were not attributable to any work performed during that week and therefore, only the Intervenors’ actual earnings for the work performed could be properly offset in calculating entitlement of benefits.

The Commonwealth Court, in affirming the orders of the Board, focused on the Supplemental Unemployment Benefit Plan and determined that there was no distinction between the SWB provision of the plan and another plan provision for supplemental unemployment benefits (SUB) 140 Pa.Cmwlth. 147, 591 A.2d 1186 (1991). The majority of the Court reasoned that conceptually SUB and SWB payments are the same because neither SWB nor SUB are payment for services performed. For this reason, the Court found that Hargenrader controls this case. The Court concluded its analysis by stating that the plan was not contrary to the public policy of the Act since the plan clearly intended to provide SWB payments regardless of whether employees are also eligible for state unemployment compensation.

Judge Palladino, in her dissent (in which Judge Smith joined), stated that the focus of the majority in detailing the [129]*129terms of the Supplemental Unemployment Benefit Plan was misdirected. The only relevant inquiry, according to Judge Palladino, was whether the employees were employed under the Act. Judge Palladino reasoned that the requirement that work be performed before SWB are dispensed distinguishes the SWB in this case from the SUB involved in Hargenrader. This interpretation, according to Judge Palladino, is consistent with the policy of the Act which is set forth in Section 752. Judge Palladino concluded by stating that the plain fact is that employees in this case have not suffered from the crushing force of indigency which can be caused by involuntary unemployment.

In addressing the issue with which we are presented, the only relevant inquiry is whether the employees were employed under the Act.

Section 4(u) of the Act defines the term unemployed as follows:

An individual shall be deemed unemployed (I) with respect to any week (i) during which he performs no services for which remuneration is paid or payable to him and (ii) with respect to which no remuneration is paid or payable to him, or (II) with respect to any week of less than his full-time work if the remuneration paid or payable to him with respect to such week is less than his weekly benefit rate plus his partial benefit credit.

43 P.S. § 753(u) (Emphasis added). The term remuneration, however, is not defined anywhere in the Act. Nevertheless, Section 4(x) of the Act defines wages as “All remuneration ... paid by an employer to an individual with respect to his employment....” 43 P.S. § 753(x). Section 4(l)(1) of the Act defines the term employment as “all personal service performed for remuneration by an individual under any contract of hire....” 43 P.S. § 753(i )(1). Although not defined in the Act, it is well established that remuneration is generally defined as payment for services performed. Gianfelice Unemployment Compensation Case, 396 Pa. 545, 153 A.2d 906 (1959).

[130]*130Appellant argues that the

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634 A.2d 587, 535 Pa. 125, 1993 Pa. LEXIS 215, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allegheny-ludlum-corp-v-commonwealth-pa-1993.