County of Allegheny v. Commonwealth
County of Allegheny v. Commonwealth
Opinion of the Court
Opinion by
The County of Allegheny (petitioner) has filed a petition for review of orders of the Unemployment Compensation Board of Review (board) affirming a referee’s awards of compensation for unemployment during two weeks in July, 1981, to eight registered public health nurses.
The claimants in these consolidated proceedings were employed as public health nurses by the petitioner at public health centers and clinics at locations throughout the county. On July 8, 1981, the licensed
The Office of Employment Security (OES) in eight separate decisions determined that the claimants were not eligible for unemployment compensation either because they had refused an offer of suitable employment; or participated in a work stoppage; or had voluntarily quit their employment. The claimants appealed and, following a hearing, the referee reversed the OES and awarded benefits. The board affirmed the referee’s decisions.
The petitioner first contends that the board erred by not reversing the referee’s decisions on the basis of Section 402(a) of the Unemployment Compensation Law (Act), Act of December 5,1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. §802(a), which renders ineligible employees whose unemployment is due to failure, without good cause, to apply for or to accept suitable work. The board correctly held that the work at Kane Hospital was not suitable work under the definition of that phrase at Section 4(t) of the Act, 43 P.S. §753(2):
“Suitable Work” means all work which the employe is capable of performing____However,*407 notwithstanding any other provisions of this subsection no work shall be deemed suitable in which (1) the position offered is vacant, due directly to a strike, lockout, or other labor dispute.
The referee and board found on .substantial evidence that the positions at Kane were vacant because of the work stoppage at that location. We invoked Section 4(t) in similar circumstances and to the same effect in Quaker Oats Company v. Unemployment Compensation Board of Review, 65 Pa. Commonwealth Ct. 33, 442 A.2d 367 (1982).
The petitioner next contends that the claimants should be denied unemployment compensation pursuant to Section 402(d) of the Act, 43 P.S. §802(d), which provides:
*407 An employee shall be ineligible for unemployment 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, That 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.
Orders affirmed.
Order
And Now, this 5th day of February, 1985, the orders of the Unemployment Compensation Board of Review in the above-captioned matter are affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.