Legal Opinion · Dissent

Canonsburg General Hospital v. Unemployment Compensation Board of Review

Commonwealth Court of Pennsylvania

Decided June 30, 1993No. 887 C.D. 1992Published

1DissentPalladino, Judge

I respectfully dissent. Because I believe that an employee who initiates a work stoppage must offer to end it before becoming eligible for unemployment compensation benefits, I would reverse the decision of the Board and deny Claimant benefits.

As noted by the majority, the issue presented in this matter is where an employer hires “permanent” employees to replace striking employees, must the striking employees make an unconditional offer to return to work in order to avoid being disqualified for benefits under Section 402(d) of the Unemployment Compensation Law (Law).1

This precise issue was…

2Cases cited5 opinions

  1. Penflex, Inc. v. BrysonSupreme Court of Pennsylvania · 1984
  2. Acme Corrugated Box Co. v. CommonwealthCommonwealth Court of Pennsylvania · 1990
  3. T.B. Wood's Sons Co. v. Unemployment Compensation Board of ReviewCommonwealth Court of Pennsylvania · 1992
  4. Bruce Plastics, Inc. v. Unemployment Compensation Board of ReviewCommonwealth Court of Pennsylvania · 1993
  5. Silo, Inc. v. Unemployment Compensation Board of ReviewCommonwealth Court of Pennsylvania · 1993

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