Borello v. Commonwealth

Dissenting Opinion by

Judge Craig :

I must respectfully dissent because the facts and the findings in the record, establishing a lockout of all three of the petitioning groups of employees, lead to *365the conclusion that the employees are not rendered ineligible for compensation under Section 402(d) of the Unemployment Compensation Law, Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, (Law), 43 P.S. §802(d).

There can be no dispute concerning the abstract validity of the judicial doctrine which governs when Section 402(d) of the Law is applicable by reason of a work stoppage…