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BEERS v. UNEMP. COMP. BD. OF REVIEW

534 Pa. 605 (1993)

633 A.2d 1158

Bonnie BEERS, Appellant v. COMMONWEALTH of Pennsylvania, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Appellee, Knouse Foods Cooperative, Inc., Appellee-Intervenor. Appeal of Bonnie BEERS and Lottie Bittinger, Appellant-Intervenor. Pearlie M. PARKER and Delores A. Wetzel, Appellants, v. COMMONWEALTH of Pennsylvania, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Appellee, Knouse Foods Cooperative, Inc., Appellee-Intervenor. UNITED FOOD AND COMMERCIAL UNION, LOCAL 1357, Appellant, v. COMMONWEALTH of Pennsylvania, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Appellee, Knouse Foods Cooperative, Inc., Appellee-Intervenor. Glena VANMETRE, Delores A. Wetzel, Wayne E. Stine and Lottie E. Bittinger, Appellants, v. COMMONWEALTH of Pennsylvania, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Appellee, Knouse Foods Cooperative, Inc., Appellee-Intervenor. KNOUSE FOODS COOPERATIVE, INC. v. COMMONWEALTH of Pennsylvania, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Lottie E. Bittinger, Kathy J. Myers and Glena Vanmetre, Appellant-Intervenors. Appeal of Lottie E. BITTINGER, Kathy J. Myers and Glena Vanmetre. Kathy J. MYERS, Appellant, v. COMMONWEALTH of Pennsylvania, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Appellee, Knouse Foods Cooperative, Inc., Appellee-Intervenor.

Supreme Court of Pennsylvania.

Decided November 12, 1993.

Attorney(s) appearing for the Case

Donald Marritz, Gettysburg and Carolyn L. Carter, Chambersburg, for Bittinger.

Basil Merenda, Philadelphia, for Beers.

Donald Marritz, Gettysburg, Carolyn L. Carter, Chambersburg and Basil L. Merenda, Philadelphia, for appellants.

Clifford A. Blaze, Deputy Chief Counsel, James K. Bradley and Maribeth Wilt-Seibert, Asst. Counsel, Unemployment Compensation Bd. of Review, for appellees.

Bruce Bagley and H. Lee Roussel, Harrisburg, for intervenors.

Before NIX, C.J., and FLAHERTY, McDERMOTT, ZAPPALA, PAPADAKOS and CAPPY, JJ.

OPINION OF THE COURT

CAPPY1, Justice.

The question presented is one of first impression: whether employees have standing to appeal a determination by the Office of Employment Security ("OES") that certain fruit and vegetable processing operations are "seasonal operations" as defined by and pursuant to Section 802.5 of the Unemployment Compensation Law. 43 P.S. § 802.5. For...

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