Legal Opinion

Behers v. Unemployment Compensation Board of Review

Supreme Court of Pennsylvania

Decided February 17, 2004No. 33 WAP 2001-53 WAP 2001PublishedCited by 11 opinions

1Opinion of the Court

OPINION

JUSTICE CASTILLE.

The issue raised in this appeal is whether the Commonwealth Court was correct in looking beyond the terms of a collective bargaining agreement (the CBA) to determine what conduct constitutes a disruption of status quo in an unemployment compensation case. Today, we reaffirm our holding in Miceli v. Unemployment Compensation Board of Review (Quaker Oats Co.), 519 Pa. 515, 549 A.2d 113 (1988), that a court may not look beyond the terms and conditions of employment, as embodied in the CBA, in order to make such a determination. Accordingly, we reverse the order of the…

2Cases cited6 opinions

  1. Erie Forge & Steel Corp. v. Unemployment Compensation Board of ReviewSupreme Court of Pennsylvania · 1960
  2. Philco Corp. v. Unemployment Compensation Board of ReviewSuperior Court of Pennsylvania · 1968
  3. Fairview School District v. Commonwealth, Unemployment Compensation Board of ReviewSupreme Court of Pennsylvania · 1982
  4. Miceli v. Unemployment Compensation Board of ReviewSupreme Court of Pennsylvania · 1988
  5. Westinghouse Electric Corp. v. Unemployment Compensation Board of BeviewSuperior Court of Pennsylvania · 1958

1 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Commonwealth v. MillnerSupreme Court of Pennsylvania · 2005
  2. Walnut Street Associates, Inc. v. Brokerage Concepts, Inc.Supreme Court of Pennsylvania · 2011
  3. Greer v. Unemployment Compensation Board of ReviewCommonwealth Court of Pennsylvania · 2010
  4. Mutual Benefit Insurance v. PolitopoulosSuperior Court of Pennsylvania · 2013
  5. Com. v. Hind, R.Superior Court of Pennsylvania · 2023

6 more not listed; retrieve them via the Exa API.

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