# Borello v. Commonwealth, Unemployment Compensation Board of Review

> Supreme Court of Pennsylvania · July 16, 1980 · 490 Pa. 607

URL: https://www.frixlaw.com/law-library/cases/6262246

## Case

- **Full name:** Domenic A. BORELLO, Jr. v. COMMONWEALTH of Pennsylvania, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW Robert F. BOLSINGER v. COMMONWEALTH of Pennsylvania, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW Eneo PANICCO v. COMMONWEALTH of Pennsylvania, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW
- **Court:** Supreme Court of Pennsylvania
- **Decided:** July 16, 1980
- **Citations:** 490 Pa. 607; 417 A.2d 205; 1980 Pa. LEXIS 704
- **Precedential status:** Published
- **Opinion:** Concurrence by Larsen
- **Judges:** Agreement, Brien, Eagan, Expresses, Files, Flaherty, Forth, Kauffman, Larsen, Nix, Roberts
- **Cited by:** 29 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/6262246

## Opinion text

LARSEN, Justice,
concurring.
I join with the majority opinion. However, I believe there should be an exception to the general rule rendering ineligible for unemployment compensation benefits those employes who refuse to cross a picket line. That exception should allow employes who honor the picket line of locked-out employes to collect unemployment compensation.
I believe the legislature did intend, as the majority notes, that “the striker and those who stand with him are on the same footing . . . ” and that, in the situation presented herein, the “locked-out” picketers and those who stand with them should be on equal footing, i. e., both groups should be eligible for benefits. Unfortunately, the present language of section 402(d) prohibits us from reaching this conclusion and from finding the Craft Unions’ members eligible for unemployment compensation. I urge the legislature to reconsider this issue.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6262246. Public record. Not legal advice.