Kaolin Mushroom Farms, Inc. v. Unemployment Compensation Board of Review

669 A.2d 438, 1995 Pa. Commw. LEXIS 591
CourtCommonwealth Court of Pennsylvania
DecidedDecember 22, 1995
StatusPublished
Cited by6 cases

This text of 669 A.2d 438 (Kaolin Mushroom Farms, 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
Kaolin Mushroom Farms, Inc. v. Unemployment Compensation Board of Review, 669 A.2d 438, 1995 Pa. Commw. LEXIS 591 (Pa. Ct. App. 1995).

Opinions

NEWMAN, Judge.

Kaolin Mushroom Farms, Inc. (Employer) appeals from an order of the Unemployment Compensation Board of Review (Board) that reversed the decision of the referee denying benefits to thirty-seven employees (Claimants) pursuant to Section 402(d) of the Un[440]*440employment Compensation Law (Law).1 We affirm.

Employer operates a mushroom farm in Kennett Square, Chester County. On April 1, 1993, a number of pickers and packers initiated a work stoppage because of Employer’s plan to change its method of compensation and to change the way in which pickers arrange mushrooms in boxes. At the time, there was no collective bargaining agreement between Employer and its employees, although attempts were being made to unionize the workers.

In April 1993, Claimants applied for unemployment compensation benefits. On December 30,1993, the Chester County Job Center (Job Center) issued notices of determination granting benefits to Claimants for the following reasons: (1) Employer initiated a lockout on April 1, 1993; and (2) work was unavailable to Claimants because shortly after that, Employer began hiring permanent replacements.

Employer appealed the Job Center’s determinations to the referee, and a hearing was held on April 13, 1994. For purposes of appeal, the eases were separated into four lead eases. On April 26, 1994, the referee issued thirty-seven decisions denying benefits to Claimants on the basis that they had engaged in a strike and Employer did not permanently replace them.

Claimants appealed the referee’s decision to the Board, which by decision and order dated August 5, 1994, in the lead case of Agustín P. Gomez, reversed the decision of the referee. The Board made the following relevant findings of fact:

3. The workers’ pay and benefits were determined unilaterally by the employer with input from the employees which the employer would decide whether to accept or reject.
4. In February 1993, the employer informed the packing employees that it was changing its method of compensation to a lower base wage rate, but it would pay more for overtime work.
5. As was their practice, the employer held meetings with the farm workers to announce their contemplated changes. The packers [sic] pay changes were implemented without modifications in mid-March despite the fact that some packers voiced an opinion that the changes would result in a loss of remuneration to them.
6. On March 31, 1993, the employer announced a rate increase in the rate of piece work for the pickers. However, the employer announced its intention to require that the mushrooms be “capped,” meaning that they had to be placed in the box with their caps up.
7. Many of the pickers opposed the capping requirement because it would slow them down and cost them income.
8. The employer held four meetings at which he told the employees contradictory information concerning the capping requirement.
9. The employees on the morning shift believed that the capping requirement would go into effect on April 1,1993.
10. On April 1, 1993, at approximately 5:00 a.m., packers and pickers at the claimant’s work site initiated a work stoppage and established and maintained picket lines.
11. The employer never generally distributed any notice that the capping requirement was rescinded.
12. The employer distributed literature telling the employees that they would be permanently replaced as of April 2,1993, if they did not return to work.
13. The employer contacted an employment agency and began to hire replacement workers through that agency as of April 2,1993.
14. On April 6, 1993, the employer distributed literature telling the employees that it was nearly finished hiring replacement workers.
[441]*44115. On April 30, 1993, the fifty-eight employees who had remained away from work made an unconditional offer to return to work at Kaolin.
16. The offer to return to work was accepted by the employer, except as to employees who had been discharged for reasons not at issue here.

Board’s Decision, dated August 5, 1994 at 1-2.

The Board concluded that a lockout had occurred, and that Claimants were not disqualified from receiving benefits under Section 402(d) of the Law. Employer requested reconsideration, which the Board denied on August 25,1994. This appeal followed.

On appeal to this court, Employer raises the following two issues: (1) whether the Board erred as a matter of law and made findings of fact not supported by substantial evidence when it determined that a lockout rather than a strike had occurred; and (2) whether the Board erred as a matter of law and made findings of fact not supported by substantial evidence when it determined that Employer permanently replaced Claimants.2

With respect to the first issue, the law is clear that when employees engage in a work stoppage during the existence or upon the expiration of a collective bargaining agreement, the threshold question is whether the stoppage is a strike or a lockout. Philco Corp. v. Unemployment Compensation Board of Review, 430 Pa. 101, 242 A.2d 454 (1968); Vrotney Unemployment Compensation Case, 400 Pa. 440, 163 A.2d 91 (1960); Accurti Unemployment Compensation Case, 187 Pa.Superior Ct. 391, 144 A.2d 673 (1958); Murdoca v. Unemployment Compensation Board of Review, 122 Pa.Cmwlth. 303, 551 A.2d 1157 (1988). A strike is defined as “the act of quitting work done by a body of workmen as a means to enforcing compliance with the demands made of their employer.” Armour Leather Co. v. Unemployment Compensation Board of Review, 192 Pa.Superior Ct. 190, 195, 159 A.2d 772, 775 (1960). A lockout is “an employer’s withholding of work from his employees in order to gain concessions.” Id. at 195, 159 A.2d at 774. As the Supreme Court stated in Philco, 430 Pa. at 103, 242 A.2d at 455:

Since the purpose of our unemployment compensation system is to compensate an individual when work has been denied him through no fault of his own, logically the test of whether a work stoppage resulted from a strike or a lockout requires us to determine which side, union or management, first refused to continue operations under the status quo....

In the instant matter, Employer argues that the Board should not have reached a strike/lockout analysis because it is inapplicable where workers are unrepresented by a labor organization. ' In support of its position, Employer cites Birdsboro Corp. v. Unemployment Compensation Board of Review, 59 Pa.Cmwlth.

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669 A.2d 438, 1995 Pa. Commw. LEXIS 591, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kaolin-mushroom-farms-inc-v-unemployment-compensation-board-of-review-pacommwct-1995.