Miners Hospital of Northern Cambria v. Unemployment Compensation Boaard of Review

658 A.2d 495, 1995 Pa. Commw. LEXIS 203
CourtCommonwealth Court of Pennsylvania
DecidedMay 3, 1995
StatusPublished
Cited by2 cases

This text of 658 A.2d 495 (Miners Hospital of Northern Cambria v. Unemployment Compensation Boaard 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
Miners Hospital of Northern Cambria v. Unemployment Compensation Boaard of Review, 658 A.2d 495, 1995 Pa. Commw. LEXIS 203 (Pa. Ct. App. 1995).

Opinion

RODGERS, Senior Judge.

Before this Court are the consolidated appeals of Mary K. Schenk, Konnie L. Senko Anna and approximately 111 other members of their union of hospital employees (Claimants) and Miners Hospital of Northern Cam-bria (Employer) from two decisions of the Unemployment Compensation Board of Review (Board). We affirm in part and reverse in part.

Claimants were unemployed for a three-week period during the course of a work stoppage at Employer’s health care facility. Claimants were denied unemployment compensation benefits by the Office of Employment Security (OES) pursuant to Section 402(d) of the Unemployment Compensation Law (Law).1 Claimants appealed and, following a hearing, the referee issued two decisions affirming the OES’ determinations.2 [497]*497Claimants then appealed to the Board which issued two decisions and orders, affirming in part and reversing in part the decisions of the referee. The Board’s relevant findings of fact are summarized as follows.

Claimants worked under a collective bargaining agreement which expired on November 19, 1992 at 12:01 a.m.3 On November 5, 1992, the union gave Employer notice that a work stoppage would occur on November 19, 1992.4 On November 18, 1992, Employer formally requested that union workers continue working under the terms of the preexisting contract. On November 19, 1992, the union reported to work, but gave Employer notice that a one day work stoppage would occur on November 20th. Also on November 19, 1992, the Medical Executive Committee, an independent entity separate from Employer, notified the hospital administrator that it was recommending to the medical staff that they consider not admitting patients until the negotiations were settled. The committee noted that, in the event of a strike, the minimum, inexperienced staff would constitute a potentially unsafe patient care situation. The committee also noted the possibility that the union may issue further notices of work stoppage activities. Accordingly, the committee stated that its recommendation was effective for the duration of the negotiations.

On November 20,1992, at 7 a.m., the union began a one-day strike. Doctors, who are not hospital employees, discharged or transferred them patients elsewhere and did not admit new patients.5 The union informed Employer of its intent to return to work on November 21st under the terms of the expired contract and gave notice that another work stoppage was planned to begin on December 4th, pending approval by a union vote. Employer, via facsimile at approximately 4:30 p.m., made it clear that work was available under the terms of the pre-existing contract, informed the union of the position of the Medical Executive Committee, and advised the union that under the circumstances work would only be available for some union members.6

On November 21, 1992, the union reported for work but was advised that there was none available because of the threat of the second work stoppage; there were no inpatients at the hospital. On November 23, 1992, Employer received notice, dated November 20th, of a work stoppage scheduled to occur on December 4th.

On November 24, 1992, Employer via facsimile requested the union to return to work under the terms of the expired contract. Employer stated that the opinion of the Medical Executive Committee remained unchanged, i.e., that the union’s strike activity had created an unsafe condition for in-patient admission and that the threat of another strike on December 4th constituted sufficient reason for continuing their position against admissions.

The Board also found that the union had made an offer to return to work on November 21st under the terms and conditions of the expired contract, only to find that none was available. The Board concluded that Claimants were ineligible for benefits for the week ending November 21, 1992, because Claimants had initiated the work stoppage with a one-day strike on November 20,1992.7 In addition, the Board found that Claimants [498]*498did not work during the weeks ending November 28th and December 5th because there was no work available for them. Concluding that Employer was entitled to a reasonable “start-up” time following Claimants’ one day strike, the Board denied benefits for the week ending November 28, 1992, and granted benefits for the week ending December 5, 1992.

Employer filed petitions for review to this Court and Claimants subsequently filed cross-appeals;8 the four cases were consolidated by order of this Court dated October 6, 1994.

Employer argues that Claimants are ineligible for compensation for the weeks ending November 28, 1992 and December 5, 1992, because the union was the party to change the status quo after the contract expired. Employer further asserts that, due to the unusual humanitarian nature of the hospital, the lack of work resulted from the union’s refusal to continue working under the terms of the expired contract.

Claimants maintain that they are eligible for benefits for the week ending November 28th for the same reason they were awarded benefits for the week ending December 5th: they were unemployed due to a lack of work, which was caused by the decisions of an independent medical staff. Claimants argue that the “start-up” analysis, which applies to the delay in recalling workers back after a contract is reached, is inapplicable to this case because Employer made no attempt to resume operations until after December 4th, when a new contract was negotiated.9

Where unemployment is due to a work stoppage, a claimant’s eligibility for benefits for any week depends on whether the work stoppage is a strike or a lock-out. Where employees reject available work under pre-existing terms, employees are engaged in a strike; where an employer will not permit employees to work under preexisting terms the work stoppage is a lockout. High v. Unemployment Compensation Board of Review, 67 Pa.Commonwealth Ct. 472, 447 A.2d 701 (1982), aff'd, 505 Pa. 379, 479 A.2d 967 (1984). A work stoppage can change from a strike to a lock-out and vice-versa. The party who first changes the status quo after the contract expires is held responsible for the work stoppage and has the burden of proving that a subsequent change occurred. Schulmerich Carillons, Inc. v. Unemployment Compensation Board of Review, 154 Pa.Commonwealth Ct. 343, 623 A.2d 921, petition for allowance of appeal denied, 535 Pa. 642, 631 A.2d 1013 (1993).

In Vrotney Unemployment Compensation Case, 400 Pa. 440, 163 A.2d 91 (1960), the Supreme Court stated that when a contract has expired and a new agreement has not yet been reached:

[Tjhe sole test ...

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658 A.2d 495, 1995 Pa. Commw. LEXIS 203, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miners-hospital-of-northern-cambria-v-unemployment-compensation-boaard-of-pacommwct-1995.