Hercules, Inc. v. Unemployment Compensation Board of Review

604 A.2d 1159, 146 Pa. Commw. 77, 1992 Pa. Commw. LEXIS 167
CourtCommonwealth Court of Pennsylvania
DecidedFebruary 27, 1992
DocketNo. 388 C.D. 1991
StatusPublished
Cited by45 cases

This text of 604 A.2d 1159 (Hercules, Inc. 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
Hercules, Inc. v. Unemployment Compensation Board of Review, 604 A.2d 1159, 146 Pa. Commw. 77, 1992 Pa. Commw. LEXIS 167 (Pa. Ct. App. 1992).

Opinion

PALLADINO, Judge.

Hercules, Inc., appeals an order of the Unemployment Compensation Board of Review (Board) that granted unemployment compensation benefits to Fred G. Veres (token claimant).

At midnight on September 30, 1989, a work-stoppage occurred at Hercules’ chemical plant located in West Elizabeth, Pennsylvania. The token claimant, a member of the union representing workers at the plant, filed an application for unemployment compensation benefits for the six-week period during which the work-stoppage continued. The claim was denied by the Office of Employment Security, after which a referee, following a hearing, determined that the union had been on strike, and denied benefits pursuant to subsection 402(d) of the Unemployment Compensation [81]*81Law, Act of December 5, 1936, Second Ex.Sess., P.L. (1937) 2897, as amended, 43 P.S. § 802(d).1

The token claimant appealed to the Board. Without taking additional testimony or evidence, the Board reversed the referee, deciding there had been a lock-out, and granted benefits. Hercules appeals.

Our scope of review in an appeal from a decision of the Board is limited to determining whether constitutional rights were violated, an error of law was committed, or findings of fact are supported by substantial evidence. Acme Corrugated Box Company v. Unemployment Compensation Board of Review, 131 Pa.Commonwealth Ct. 244, 570 A.2d 96 (1989).

Three issues are before this court on appeal. First, Hercules argues that crucial findings of fact are not supported by substantial evidence, or were made in violation of Treon v. Unemployment Compensation Board of Review, 499 Pa. 455, 453 A.2d 960 (1982). Second, Hercules argues that the facts do not support the conclusion that the union was subject to a lock-out. Finally, Hercules argues that the Board committed an error of law when it placed the burden of proof on the employer to demonstrate that it was the union that first refused to continue operations to maintain the status quo.

I. SUBSTANTIAL EVIDENCE

The Board found the following facts:

1. Claimant [Veres] has been employed by Hercules, Inc., since March 1, 1971____
2. Claimant is the president of United Steel Workers of America, Local Union 8129 (hereinafter referred to as the union), and was selected as the Lead Token Claimant regarding claims for unemployment compensation bene[82]*82fits on behalf of the bargaining unit employees, represented by the union, for weeks October 7 through November 11, 1989.
3. There was a labor/management agreement between the union and Hercules, Inc. (hereinafter called the employer), with an expiration date of midnight on September 30, 1989.
4. On June 15,1989, the parties commenced negotiations in an effort to arrive at a new labor/management agreement____
5. The employer operates a chemical plant on a 24-hour-per-day, seven-day-per-week basis.
6. As of September 13, 1989, no new labor/management agreement had been reached, and the employer requested the union to agree to extend the contract for a period of 31 days beyond the expiration date while negotiations continued, and the parties continue in their efforts to reach a new labor/management agreement. The union refused the employer’s offer.
7. On September 14, 1989, the employer again asked the union for an extension and the union refused the employer’s offer.
8. The union refused the employer’s offer in order to keep bargaining pressure on the employer until the expiration of the contract.
9. Approximately three weeks before the labor/management agreement expired, the union took a strike authorization vote.
10. The strike authorization vote passed and, as a result, the union was authorized to strike if the union and the employer failed to reach a new agreement.
11. The employer began to make preparations to have supervisory personnel operate the plant in case there was a work stoppage and the union was aware of these preparations.
12. On September 28, 1989, which was the last bargaining session held before the expiration of the contract, the employer again asked for an extension while work and [83]*83negotiations continued under the terms and conditions of the expiring labor/management agreement and again the union refused.
13. The union did not advise the employer that it was going to go on strike the night of September 30, 1989.
14. The employer scheduled supervisors for work commencing the night of September 30, 1989, and also implemented various security precautions, including the hiring and placement of security guards.
15. Further, during the evening of September 30, 1989, the employer began locking at least some of the plant’s approximately twenty-two gates from the inside.
16. The bargaining unit employees who were scheduled to report for work on the third shift commencing at 11:00 p.m. on September 30, 1989, did report as scheduled.
17. At approximately 12:00 midnight on September 30, 1989, the union employees who had reported to work as scheduled were relieved of their work duties by the supervisory employees and told to leave the plant.
18. The union employees asked the supervisory employees to sign papers stating that they had been properly relieved, but the supervisory employees refused to do so.
19. The union employees asked their supervisors to sign these papers because they did not want to be accused of walking off the job.
20. As these union employees left the plant in accordance with their supervisor’s instructions, the gates were locked and chained behind them from the inside.
21. The eight gates used by motor vehicles were normally closed. However, on September 30, 1989, these eight gates were locked and chained.
22. The remaining “man” gates, which were normally chained only between shift changes, were locked and chained on September 30, 1989, and kept locked and chained twenty-four hours a day.
23. The parking lot gates were also locked and chained on September 30, 1989.
[84]*8424. Only one gate, a “man” gate by the locker room in the hydro area of the plant, was left open.
25. Most union employees at the plant could not reach their job sites through this gate.
26. When the union employees reported for work for the following shift, they discovered that they had been locked out of the plant.
31. Salaried and supervisory employees worked throughout the period of the labor dispute on 12-hour shifts.
32.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

G. Micciche v. UCBR
Commonwealth Court of Pennsylvania, 2019
Cambria Cnty. Transit Auth. v. Unemployment Comp. Bd. of Review
201 A.3d 941 (Commonwealth Court of Pennsylvania, 2019)
Constantini v. Unemployment Compensation Board of Review
173 A.3d 838 (Commonwealth Court of Pennsylvania, 2017)
T. Webb v. UCBR
Commonwealth Court of Pennsylvania, 2017
Homeland Center v. UCBR
Commonwealth Court of Pennsylvania, 2017
Washington Health Systems Greene v. UCBR
Commonwealth Court of Pennsylvania, 2016
F.P. McLeish v. BPOA, State Board of Pharmacy
Commonwealth Court of Pennsylvania, 2016
C. Markowitz v. BPOA, State Board of Pharmacy
Commonwealth Court of Pennsylvania, 2016
Palladino v. Unemployment Compensation Board of Review
81 A.3d 1096 (Commonwealth Court of Pennsylvania, 2013)
Temple University Health System v. Unemployment Compensation Board of Review
67 A.3d 1272 (Commonwealth Court of Pennsylvania, 2013)
Rohde v. Unemployment Compensation Board of Review
28 A.3d 237 (Commonwealth Court of Pennsylvania, 2011)
Chapman v. Unemployment Compensation Board of Review
20 A.3d 603 (Commonwealth Court of Pennsylvania, 2011)
Eckhart v. Department of Agriculture
8 A.3d 401 (Commonwealth Court of Pennsylvania, 2010)
Fidelity & Guaranty Insurance Co. v. Bureau of Workers' Compensation
13 A.3d 534 (Commonwealth Court of Pennsylvania, 2010)
Department of Transportation v. Agricultural Lands Condemnation Approval Board
5 A.3d 821 (Commonwealth Court of Pennsylvania, 2010)
In Re Collegium Foundation
991 A.2d 990 (Commonwealth Court of Pennsylvania, 2010)
Chicago Transit Authority. v. Illinois Labor Relations Board
898 N.E.2d 176 (Appellate Court of Illinois, 2008)
Walsh v. Unemployment Compensation Board of Review
943 A.2d 363 (Commonwealth Court of Pennsylvania, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
604 A.2d 1159, 146 Pa. Commw. 77, 1992 Pa. Commw. LEXIS 167, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hercules-inc-v-unemployment-compensation-board-of-review-pacommwct-1992.