# United States Steel Corp. v. Unemployment Compensation Board of Review

> Commonwealth Court of Pennsylvania · March 6, 2003 · 817 A.2d 1251

URL: https://www.frixlaw.com/law-library/cases/4959384

## Case

- **Full name:** UNITED STATES STEEL CORPORATION (USX CLAIRTON WORKS) v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW
- **Court:** Commonwealth Court of Pennsylvania
- **Decided:** March 6, 2003
- **Citations:** 817 A.2d 1251; 2003 Pa. Commw. LEXIS 110
- **Precedential status:** Published
- **Opinion:** Dissent by Colins
- **Judges:** Cohn, Colins, Leadbetter, Leavitt, Pellegrini, Ribner, Simpson, Smith
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4959384

## Opinion text

DISSENTING OPINION BY
President Judge COLINS.
I dissent. The record reflects that during settlement negotiations the employees waived their scheduled COLA in exchange *1265 for a wage increase and a lump sum payment into their pension fund. Forbearance equals consideration; therefore, the employees contributed to the pension plan within the meaning of Section 404(d)(2) of the law. The Board as the ultimate fact finder so found, and the Board properly applied Ehman v. Unemployment Compensation Board of Review, 776 A.2d 1031 (Pa.Cmwlth.), petition for allowance of appeal denied, 567 Pa. 767 , 790 A.2d 1020 (2001), which decided The issue.
Accordingly, I would affirm the Board.
Judge SMITH-RIBNER joins in this dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4959384. Public record. Not legal advice.