Presbyterian SeniorCare v. Unemployment Compensation Board of Review

DISSENTING OPINION BY

Judge SMITH-RIBNER.

I respectfully disagree with the majority’s decision to reverse the order of the Unemployment Compensation Board of Review, which held that Claimants were not ineligible under Section 402(d) of the Unemployment Compensation Law, 43 P.S. § 802(d), for benefits for weeks ending July 17, 2004 and “thereafter.” The majority would deny Claimants benefits for any period of their unemployment between the union’s strike of June 1, 2004 and the workers’ return to work as of December 27, 2004. Under the majority’s view, Employer (Presbyterian SeniorCare) made a…