Lakeview Forge Co. v. Commonwealth

387 A.2d 984, 36 Pa. Commw. 204, 1978 Pa. Commw. LEXIS 1132
CourtCommonwealth Court of Pennsylvania
DecidedJune 21, 1978
DocketAppeals, Nos. 316, 684, 685, 686, 687, 688, 689, 690 and 691 C.D. 1977
StatusPublished
Cited by5 cases

This text of 387 A.2d 984 (Lakeview Forge Co. 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
Lakeview Forge Co. v. Commonwealth, 387 A.2d 984, 36 Pa. Commw. 204, 1978 Pa. Commw. LEXIS 1132 (Pa. Ct. App. 1978).

Opinion

Opinion by

Judge Rogers,

Lakeview Forge Company (Lakeview) has filed a petition for review of an order of the Unemployment Compensation Board of Review affirming a referee’s decision that the nine respondents, Lakeview employes, were eligible to receive compensation on account of a period of unemployment coincident with a labor' dispute. Lakeview maintains that the respondents who are members of Erie Lodge No. 270 of the International Die Sinkers Conference (IDSC) should have been denied benefits based on Subsection 402(d) of the Unemployment Compensation Law (Law),1 43 P.S. §802(d).

Subsection402(d) provides that:

An employe shall be ineligible for compensation for any week—
(d) In which his unemployment is due to a stoppage of work, which exists because of ■ a labor dispute (other than a lock-out) at the factory, establishment or other premises at which he is or was last employed: Provided, [207]*207That this subsection shall not apply if it is shown that (1) he is not participating in, or directly interested in, the labor dispute which caused the stoppage of work, and (2) he is not a member of an organization which is participating in, or directly interested in, the labor dispute which caused the stoppage of work, and (3) he does not belong to a grade or class of workers of which, immediately before the commencement of the stoppage, there were members employed at the premises at which the stoppage occurs, any of whom are participating in, or directly interested in, the dispute.

After a hearing, the referee made the following pertinent findings of fact in each of the nine cases before him:

2. The [representative] claimant is a member of Erie Lodge No. 270 of the International Die Sinkers Conference, the collective bargaining representative of the claimant and ten fellow die sinkers employed by the employer.
3. The collective bargaining agreement with respect to economic matters between Erie Lodge 270 of the die sinkers and the employer expired on July 31, 1975 without agreement upon a new contract and the claimant and his fellow die sinkers continued work thereafter under the terms of the expired contract pending settlement upon a new agreement.
4. Local 4666 of the United Steel Workers is the collective bargaining representative of approximately 65 production and maintenance employees of the employer at the plant where the claimant was employed and [208]*208the collective bargaining agreement between that union local and the employer expired on August 31,1975.
5. Because representatives of the employer and of Local 4666 were unable to agree upon the terms of a new contract prior to August 31, 1975, a work stoppage due to a labor dispute, other than a lockout, commenced at the employer’s plant by members of Local 4666 on September 2,1975.
6. The dispute between Local 4666 and the employer was not settled until on or about November 13, 1975 and following September 2, 1975 until settlement picket lines were maintained at the employer’s plant site by members of Local 4666.
7. The picket line was maintained by numbers of pickets in excess of 50 until reduced to 10 by an Order of Court sought by the employer and issued on or about September 12, 1975.
8. Although the number of pickets was reduced to 10 by the Court Order of September 12, 1975 members of Local 4666 appeared on the picket line in greater numbers at intervals during the work stoppage.
9. On September 2, 1975 the claimant and his fellow die sinkers appeared at the entrance-way to the employer’s plant to report for work but were met by picketing members of Local 4666 who possessed clubs, sticks, and ice picks, who physically pushed back some of the die sinkers, and who threatened to ‘crack the skulls’ of any die sinker who would attempt to enter the employer’s plant.
10. The claimant and his fellow die sinkers continued to report to the employer’s plant on [209]*209virtually a daily basis after September 2, 1975, were met by tbe pickets at the employer’s plant entrance, and in or about early October of 1975, after contact had been made by the shop steward of the die sinkers ’ Lodge with the committee of Local 4666 concerning a return to work by the die sinkers, were met by a mass of pickets of Local 4666 who resisted entry.
11. Windows of the employer’s plant were boarded during early weeks of the work stoppage, tires of management employees entering the plant were damaged or punctured, and security guards were stationed in the employer’s plant during night time hours.
12. During the course of the work stoppage management employees entered and left the employer’s plant without substantial difficulty except for an occasion in November of 1975 when pickets massed at the employer’s plant and management employees met off the premises and proceeded as a group through the picket lines and to the employer’s plant, there having been at that time the arrest of approximately eight pickets by Sheriff’s deputies.
13. The entry and departure of trucks to and from the employer’s plant met with resistance by the pickets, a truck of the employer having been damaged, and common carriers were followed from the employer’s plant by a representative of the employer, members of the striking union having on one occasion followed a truck from the employer’s plant until the truck entered an interstate highway.
[210]*21015. Certain fringe benefits in tbe collective bargaining agreement between the employer and tbe collective bargaining representative of tbe die sinkers were historically consistent with like provisions of tbe collective bargaining agreement between tbe employer and Local 4666 which represented tbe production and maintenance employees.
16. Prior to tbe commencement of tbe work stoppage by members of Local 4666 on September 2, 1975 and in anticipation thereof members of that local verbally abused certain die sinkers in tbe employer’s plant and threatened that they would get their beads ‘bashed in’ if they entered tbe plant.
17. By letter of October 3,1975 tbe employer advised tbe representatives of tbe die sinkers that tbe presence of Sheriff’s deputies would be arranged for shift starting and quitting times if tbe die,sinkers desired to go to work.
18. None of tbe die sinkers or their representa- ■. tives responded to tbe employer with respect • to tbe employer’s offer of protection.
19. Tbe die sinkers at tbe employer’s plant are not tbe same grade or class of workers as tbe production and maintenance employees.
20. Tbe claimant and bis fellow die sinkers did not cross tbe picket line of tbe members of Local 4666 because of fear of their personal safety either in entering tbe employer’s plant or in leaving tbe employer’s plant if successful in gaining entry and because of fear for their safety away from tbe picket ■lines.

On tbe above facts, tbe referee concluded that tbe respondents, members of IDSC, had proved tbe presence [211]

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

Related

Stone Container Corp. v. Unemployment Compensation Board of Review
657 A.2d 1333 (Commonwealth Court of Pennsylvania, 1995)
United Parcel Service v. Commonwealth, Unemployment Compensation Board of Review
430 A.2d 351 (Commonwealth Court of Pennsylvania, 1981)
Wright v. Commonwealth
405 A.2d 991 (Commonwealth Court of Pennsylvania, 1979)
Davy v. Commonwealth
392 A.2d 330 (Commonwealth Court of Pennsylvania, 1978)

Cite This Page — Counsel Stack

Bluebook (online)
387 A.2d 984, 36 Pa. Commw. 204, 1978 Pa. Commw. LEXIS 1132, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lakeview-forge-co-v-commonwealth-pacommwct-1978.