BEERS v. UN. COMP. BD. of REV.

Nos. 367 C.D. 1987, 404 C.D. 1987, 1754 C.D. 1987 and 1764 C.D. 1987.

118 Pa.Commw. 248 (1988)

546 A.2d 1260

Bonnie Beers (Token Claimant), Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Pearlie M. Parker, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. United Food and Commercial Workers Union, Local 1357, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Delores A. Wetzel, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent.

Commonwealth Court of Pennsylvania.

July 29, 1988.


Attorney(s) appearing for the Case

Ira H. Weinstock, with him, Gerard M. Mackarevich, for petitioner, Bonnie Beers.

Donald Marritz, with him, Carolyn Carter, Legal Services, Inc., for petitioner, Delores Wetzel.

Jonathan Zorach, with him, James K. Bradley, Assistant Counsel, and Clifford F. Blaze, Deputy Chief Counsel, for respondent.

Peter V. Marks, Sr., Kirschner, Walters & Willig, for petitioner, United Food & Commercial Workers Union, Local 1357.

Bruce D. Bagley, with him, Alan R. Boynton, Jr., Norman I. White, and H. Lee Roussel, McNees, Wallace & Nurick, for intervenor, Knouse Foods Cooperative, Inc.

Argued December 14, 1987, before Judges CRAIG and BARRY, and Senior Judge NARICK, sitting as a panel of three.


OPINION BY JUDGE BARRY, July 29, 1988:

Section 402.5 of the Unemployment Compensation Law (Law), Act of December 5, 1936, P.L. 2897, as amended, added by the Act of July 1, 1985, P.L. 96, 43 P S. §802.5 provides in pertinent part:

Notwithstanding any other provision of this act with respect to service performed in a `seasonal operation' or `seasonal industry', as defined in this section, benefits shall not be paid to a seasonal worker, based on...

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