U.S.S. CORP. v. UNEMPL. COMP. BD. OF REVIEW

Nos. 2150, 2151 and 2166 C.D. 1977.

37 Pa.Commw. 53 (1978)

United States Steel Corporation, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent; Robert P. Long, Intervenor. United States Steel Corporation, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent; Robert L. Stewart, Intervenor. Bethlehem Steel Corporation, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent.

Commonwealth Court of Pennsylvania.

July 28, 1978.


Attorney(s) appearing for the Case

James T. Carney, for petitioner, U.S. Steel Corporation.

Francis J. O'Gorman, Jr., with him Keefer, Wood, Allen & Rahal, for petitioner, Bethlehem Steel Corporation.

Daniel R. Schuckers, Assistant Attorney General, with him Robert P. Kane, Attorney General, for respondent.

A.E. Lawson, with him Bernard Kleiman, for intervenor respondents.

Jerome H. Gerber, James L. Cowden, and Handler, Gerber and Weinstock, for amicus curiae, Pennsylvania AFL-CIO.

Argued June 6, 1978, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS, BLATT and DiSALLE.


OPINION BY JUDGE DiSALLE, July 28, 1978:

Presently before us are three petitions for review raising the identical issue of the entitlement of indefinitely laid off employees to unemployment compensation benefits for weeks during which they drew vacation pay. In each case the Unemployment Compensation Board of Review (Board) determined that a vacation pay deduction pursuant to Section 404(d) (ii) of the Unemployment Compensation Law (Act), Act of December 5, 1936,...

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