Canonsburg General Hospital v. Unemployment Compensation Board of Review

628 A.2d 503, 156 Pa. Commw. 533, 1993 Pa. Commw. LEXIS 398
CourtCommonwealth Court of Pennsylvania
DecidedJune 30, 1993
DocketNo. 887 C.D. 1992
StatusPublished
Cited by13 cases

This text of 628 A.2d 503 (Canonsburg General Hospital v. Unemployment Compensation Board of Review) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Canonsburg General Hospital v. Unemployment Compensation Board of Review, 628 A.2d 503, 156 Pa. Commw. 533, 1993 Pa. Commw. LEXIS 398 (Pa. Ct. App. 1993).

Opinions

DOYLE, Judge.

This is an appeal by Canonsburg General Hospital (Employer) from an order of the Unemployment Compensation Board of Review (Board) which, inter alia, affirmed the determination of the referee to deny benefits to Antonia Vallone, a “lead Claimant”1 for the weeks ending April 6, 1991 through June 1,1991 but to grant benefits for the week ending June 8, 1991.

On appeal the Board made its own findings of fact. Claimant had been employed by Employer as a laboratory secretary and was a member of the relevant collective bargaining unit as [537]*537well as local union president. The existing collective bargaining agreement between Employer and District 1199 P, National Union of Hospital and Health Care Employees, SEIU, AFL-CIO, CLC (the Union) expired as of March 1, 1991 and as of that date no new agreement had been reached. However, work continued under the terms and conditions of the expired agreement with the exception of a one-day and a two-day work stoppage which are not at issue here. On April 4, 1991 the situation changed as is evidenced by the following findings made by the Board which, although extensive, are necessary to grasp for an understanding of this appeal:

9. At noon on April 4, 1991, the Union and 146 members of the bargaining unit initiated a work stoppage and established picket lines, which were thereafter maintained and continued to be maintained as of the date of the Referee’s hearing on August 21, 1991.
10. As of noon on April 4, 1991, and continuing thereafter, work was available under the same terms and conditions of the expired Labor Management Agreement, while negotiations continued and the Union and its membership were aware of same.
13. The Employer had made a decision to continue in operation if a work stoppage commenced and it did so after April 4, 1991, by utilizing the services of nurses and management employees, on an extended work schedule basis, and additionally, the Employer hired temporary employees.
14. All temporary replacement employees hired prior to May 29, 1991, were advised by the Employer that they were only being hired on a temporary basis to fill in for striking employees and, as such, they would not receive any of the fringe benefits received by regular employees and their services would be terminated when the striking employees returned to work.
15. Following negotiating sessions on May 20 and May 23, 1991, without a resolution of the dispute, the Employer on May 23, 1991, wrote to all striking bargaining unit employ[538]*538ees and advised said employees of the Employer’s latest offer, which had been rejected by the Union.
16. The letter of May 23, 1991, from the Employer to the Union members further advised the striking employees that even if its latest offer was not accepted by the Union that the striking employees could “return to work while we continue to negotiate.”
17. Additionally, the letter of May 23, 1991, stated that “the hospital will begin to hire permanent replacements on Thursday, May 28, 1991, if a settlement has not been reached.”
18. Following the May 23, 1991, letter, Employer instructed its department heads to call individual employees to tell them that Employer was hiring permanent replacements.
19. The Employer was in a position to begin hiring permanent replacements as it had numerous employment applications on file.
20. The Employer had also orally advised the Union negotiating team that if the striking employees did not return to work by May 28, 1991, they would be replaced with permanent replacements.
22. On or about May 28, and May 29, 1991, the Employer began to hire permanent replacements and on or about May 29, 1991, fifty-two permanent replacements were hired and they were basically under the same terms and conditions that were contained in the Labor Management Agreement that had previously expired.
24. Some of the persons who had been previously hired as temporary employees had their classification changed as of May 29, 1991, and May 30, 1991, to that of regular employees and they were now considered permanent replacements for striking employees.
25. Job assignments after April 4, 1991, varied from what they were prior thereto and, as such, the Employer was not actually replacing the striking employees on a name-for-[539]*539name or person-for-person basis but this fact was not communicated by the Employer to the Union or its membership.
26. In addition to hiring permanent replacements, the Employer also continued to hire temporary replacements on an as needed basis, and since June 13, 1991, and up to the date of the Referee’s hearing, twenty such additional temporary employees were hired by the Employer.
27. The Employer on and after May 29, 1991, made public and private statements that the striking employees had been permanently replaced, had been fired, and had no jobs to go back to.
28. Several bargaining unit employees called the Employer after receiving the letter of May 23, 1991, and were advised that if they did not return to work they would be permanently replaced.
29. At all times after May 28, 1991, the Union and its membership understood based on the private and public pronouncements by the Employer, that all striking employees who had not returned to work by May 28, 1991, no longer had a job and had been or would be permanently replaced.
30. Union members involved in the work stoppage continued to accrue seniority, continued to have their names on a monthly birthday list, continued to have life insurance provided by Employer, and had the sick leave bank maintained.
31. Union members involved in the work stoppage did not continue to accrue vacation.
32. While Union members’ seniority accrued during the work stoppage, this did not affect the hours of service involved in calculating their pensions.
33. The Employer never advised the Union or its membership that it had kept the striking workers’ names in its computer so that their birthdays would be printed on the computer birthday list, nor did the Employer ever advise the Union or its membership that it continued to carry the [540]*540striking employees on the Employer’s group life insurance plan.
34. Each permanent replacement that was hired by the Employer was required to sign a letter of understanding that a sixty-day probationary period was involved and that the employee could be separated, inter alia, in case of a settlement agreement with the Union or an order of the National Labor Relations Board providing for the replacement of striking employees.
35. The Union was aware of this letter given to the permanent replacements.
36. However, even after discussing the contents of same with Employer, the Employer continued to indicate to the Union that it was committed to the permanent replacements and the Union membership had given up rights to their jobs.
37.

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Canonsburg Hosp. v. Unemp. Comp. Bd.
628 A.2d 503 (Commonwealth Court of Pennsylvania, 1993)

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Bluebook (online)
628 A.2d 503, 156 Pa. Commw. 533, 1993 Pa. Commw. LEXIS 398, Counsel Stack Legal Research, https://law.counselstack.com/opinion/canonsburg-general-hospital-v-unemployment-compensation-board-of-review-pacommwct-1993.