Department of Labor & Industry v. Unemployment Compensation Board of Review

Dissenting Opinion by

Mr. Justice Cohen :

In Gianfelice Unemployment Compensation Case, 396 Pa. 545, 153 A. 2d 906 (1959) Ave said: “[T]he collective bargaining agreement should not control in determining the eligibility of a retired employee for unemployment compensation; rather, the factual matrix at the time of separation should govern”. (Emphasis in the original.)

We gave two specific reasons for outlawing consideration of the collective bargaining agreement in determining whether termination of employment was voluntary: (1) “The pressures of the collective bargaining process are too complex…