Knouse Foods Cooperative, Inc. v. Commonwealth

540 A.2d 626, 115 Pa. Commw. 441, 1988 Pa. Commw. LEXIS 367
CourtCommonwealth Court of Pennsylvania
DecidedApril 25, 1988
DocketAppeals, Nos. 2777 C.D. 1986, 2826 C.D. 1986, 2827 C.D. 1986, 2828 C.D. 1986 and 3685 C.D. 1986
StatusPublished
Cited by1 cases

This text of 540 A.2d 626 (Knouse Foods Cooperative, Inc. v. Commonwealth) 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
Knouse Foods Cooperative, Inc. v. Commonwealth, 540 A.2d 626, 115 Pa. Commw. 441, 1988 Pa. Commw. LEXIS 367 (Pa. Ct. App. 1988).

Opinion

Opinion by

Judge Barry,

Knouse Foods Cooperative, Inc. (Knouse) appeals from an order of the Unemployment Compensation Board of Review (Board) affirming a decision of a referee which reversed determinations by the Office of Employment Security (OES) that Knouse was engaged in seasonal apple, cherry and/or peach processing operations at its five plants for the purposes of Section 402.5 of the Unemployment Compensation Law.1 It also appeals from orders of the Board affirming decisions of the referee that reversed determinations made by the OES and awarded claimants who had performed services for those operations unemployment compensation benefits.

[444]*444Section 402.5 was enacted on July 1, 1985 and was to become effective in sixty days; i.e. on August 30, 1985. On September 18, 1985, Knouse filed applications with the OES in order to have its apple, cherry and/or peach processing operations at its plants in Biglerville, Chambersburg, Gardner, Orrtanna and Peach Glen designated as seasonal operations under Section 402. Employees performing services for those operations would as a result be ineligible to collect unemployment compensation benefits during the off-season periods for those operations based on wages earned from performing services therefor if they had reasonable assurances of employment during the next season. Knouse posted on the bulletin boards of each plant a copy of the publication seeking the seasonal designation for the fruit processing operations being conducted at that particular plant.

On November 7, 1985, the OES issued a notice of determination for each of Knouses five plants, designating the apple, cherry and/or peach processing operations conducted at those plants as seasonal operations, with the seasons for those operations running as follows: apple processing—September 18, 1985 to March 31, 1986; cherry processing—July 5, 1985 to August 16, 1985; peach processing—August 19, 1985 to September 13, 1985. Knouse then promptly and conspicuously posted on the bulletin boards of each plant a copy of the notice of determination which announced the designation of the fruit processing operations conducted at that particular plant as seasonal operations.

Aletta Freeman, an employee at Knouses Peach Glen plant and a member of Local 1537, of the United Food and Commercial Workers (Union), after having seen the posted notice of determination regarding that plant, contacted a representative of the OES asking for information concerning appeal rights and procedures. [445]*445This request was made several times prior to November 22, 1985, the fifteenth day following the issuance of the OESs determinations. On each occasion, Ms. Freeman was informed by the OES representative that she could and should file an appeal when she individually received a separate determination denying her unemployment compensation benefits pursuant to Section 402.5. Finally, on December 16, 1985, an official of the Union met with officials of the OES from the Central Office in Harrisburg, at which time he was advised that an appeal could be filed from the determinations of November 7, 1985. Pursuant to the above advice, the Union filed a petition for appeal from all those determinations on December 18, 1985, more than fifteen days after the determination notices had been issued, with Ms. Freeman named as the petitioner. At that time, the Union only represented employees at Knouse’s Peach Glen, Orrtanna and Chambersburg plants.

Following a hearing held on April 4, 1986, Referees M. Evelyn Stehman and Carl F. Skinner, by a decision dated May 2, 1986, reversed the OESs determinations. The referees ruled that the petitioner had demonstrated grounds for allowing the appeal to be taken nunc pro tunc and that Knouse was not entitled, to the seasonal designations it sought due to its failure to file its applications for seasonal determination within twenty days of the estimated beginning dates of the normal seasonal periods for which the determinations were sought. Both Knouse and the OES filed appeals from this decision to the Board. Following briefing and oral argument, the Board, by its order of August 25, 1986, affirmed the referees’ decisions. Knouse then appealed to this Court from that order.

Meanwhile, subsequent to the OESs determinations of November 7, 1985, employees of Knouse who had been laid off at the end of the normal seasonal [446]*446periods for which those determinations had been sought applied for unemployment compensation benefits. Based on the determinations of November 7, 1985 and the determinations made at that time that each of the claimants had reasonable assurance that he or she would be returning to work when the next season began, the OES determined that these claimants were ineligible for benefits under. Section 402.5. Timely appeals from these determinations were - filed by the claimants. A series of hearings were held on these appeals subsequent to the April 4, 1986 referees’ hearing on the appeal from the OES’s determinations of November 7, 1985. At each of these .hearings, the record of the April 4, 1986. hearing was incorporated into the record. Following each of these hearings, the referee issued decisions reversing the OES’s determinations. that the claimants were ineligible for benefits under Section 402.5. The referee once again held that Knouse. was not entitled to the seasonal designations it had been granted due to its failure to file its application for seasonal determination at least twenty days before the estimated beginning date of the normal seasonal period for which the determinations had been sought.

Knouse and the OES filed timely appeals from these decisions to the Board, which entered orders affirming them/ Knouse then appealed to this Court from those orders. The appeals from those orders arid the appeal from the. Board’s order of August 25, 1986 have been consolidated. .

Our scope of review in this matter is limited to determining whether constitutional rights have been violated, an error of law has been committed, and necessary findings of feet are supported by substantial competent evidence on the record. Estate of McGovern v. State Employees’ Retirement Board, 512 Pa. 377, 517 A.2d 523 (1986). Knouse argues that: (1) the findings of [447]*447fact relevant to the issue of whether the appeal from the OESs determinations of November 7, 1985 should have been permitted nunc pro tunc are not supported by substantial evidence; (2) the findings of fact do not support a conclusion of law that an appeal from the OESs determinations of November 7, 1985 should have been permitted nunc pro tunc; (3) the Union did not have standing to file an appeal challenging the determinations of November 7, 1985 concerning plants whose employees were not represented by the Union; and (4) Knouse was entitled to' a seasonal designation for the periods of time covered in their applications for seasonal determination despite their failure to comply with the filing requirement of Section 402.5(b) because the legislature did not intend for failure to comply with that provision to preclude denial of benefits to seasonal workers whose benefit years commenced on or after June 30, 1985.

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Bluebook (online)
540 A.2d 626, 115 Pa. Commw. 441, 1988 Pa. Commw. LEXIS 367, Counsel Stack Legal Research, https://law.counselstack.com/opinion/knouse-foods-cooperative-inc-v-commonwealth-pacommwct-1988.