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VANMETRE v. UNEMP. COMP. BD. OF REV.

128 Pa.Commw. 644 (1989)

564 A.2d 540

Glena VANMETRE, 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. Wayne E. STINE, Petitioner, v. COMMONWEALTH of Pennsylvania, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Lottie E. BITTINGER, Petitioner, v. COMMONWEALTH of Pennsylvania, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. KNOUSE FOODS COOPERATIVE, INC., Petitioner, v. COMMONWEALTH of Pennsylvania, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent.

Commonwealth Court of Pennsylvania.

Decided September 18, 1989.

Reargument Denied December 1, 1989.

Attorney(s) appearing for the Case

Donald Marritz, Legal Services, Gettysburg, and Carolyn L. Carter, Chambersburg, for petitioners.

Clifford F. Blaze, Deputy Chief Counsel, James Bradley, Harrisburg, for respondents.

Bruce D. Bagley, McNees, Wallace & Nurick, Harrisburg, for Knouse Foods Co-op., Inc.

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

Basil L. Merenda, Legal Counsel, United Food & Commercial Workers, Philadelphia.

Before CRUMLISH, Jr., President Judge, and CRAIG, DOYLE, BARRY, COLINS, McGINLEY and SMITH, JJ.

OPINION

BARRY, Judge.

Section 402.5 of the Unemployment Compensation 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., in pertinent part, provides:

(a) 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 such...

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