# Gladieux Food Services, Inc. v. Unemployment Compensation Board of Review

> Supreme Court of Pennsylvania · June 5, 1978 · 479 Pa. 324

URL: https://www.frixlaw.com/law-library/cases/9699357

## Case

- **Full name:** GLADIEUX FOOD SERVICES, INC. v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW of the Commonwealth of Pennsylvania, Appellant, v. DISTRICT LODGE 141, INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, Intervening-Party
- **Court:** Supreme Court of Pennsylvania
- **Decided:** June 5, 1978
- **Citations:** 479 Pa. 324; 388 A.2d 678; 1978 Pa. LEXIS 693
- **Precedential status:** Published
- **Opinion:** Dissent by Pomeroy
- **Judges:** Eagen, O'Brien, Roberts, Pomeroy, Nix, Manderino, Packel
- **Cited by:** 24 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/9699357

## Opinion text

POMEROY, Justice,
dissenting.
Among the facts established by the Unemployment Compensation Board of Review was that the cancellation of *332 orders by airline companies, and the consequent cessation of work at the employer’s place of business, was a direct result of the inability of the parties to reach some agreement which would maintain the status quo as of April 30, 1974 for a reasonable period. Indeed, the majority concedes that the nexus between these two facts is “relatively easily identifiable.” Opinion, ante at 330. As I see it, the inability to maintain the status quo was in turn the result of the employees’ refusal to continue to work for a time under the terms and conditions of the then existent contract. See Vrotney Unemployment Compensation Case, 400 Pa. 440 , 163 A.2d 91 (1960). While the actions which the employer unilaterally took subsequent to April 30 are regrettable and not to be condoned, they do not change the fact that the airlines ceased conducting business with Gladieux as the result of the labor dispute which existed on April 30. To ignore the fact that the work stoppage here involved was a direct result of the dispute is to ignore the clearly expressed legislative desire to deny unemployment benefits to persons who precipitate their own unemployment.
I agree with and would adopt the opinion of BLATT, J., in the Commonwealth Court and would deny unemployment benefits. Hence, this dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9699357. Public record. Not legal advice.