Burk v. UN. COMP. BD. OF REV.

Opinion by

Senior Judge Narick,

Donna A. Burk (Claimant) appeals from an order of the Unemployment Compensation Board of Review (Board) affirming the denial of benefits under Section 402(d) (labor dispute) of the Unemployment Compensation Law (Law), 1 and not under Section 401(d)(1) 2 relied upon by the referee in reversing the Office of Employment Security (OES) which granted benefits finding a “lockout” under Section 402(d). We reverse the Board.

This case presents three issues: (1) whether the work stoppage, as a matter of law, was a lockout or a strike; (2) whether strike benefits paid by…