Hoffman v. UN. COMP. BD. OF REV.

Dissenting Opinion by

Judge Colins:

I respectfully dissent.

The employer argues that its decision to transfer work from the plant to other locations during the pendency of the strike was economically and tactically justified. However, no good faith or justification exceptions to the lockout rule exist in Section 402(d) of the Act as written. Case authority interpreting the Acts status quo doctrine has refused to allow such justification defenses.

Our Supreme Court has rejected the interjection of good faith or justification elements into the status quo test. Its rationale is that the Boards…