The opinion
HUTCHINSON, Justice,
dissenting.
I dissent. By quoting only part of section 402(d) of the Unemployment Compensation Law I believe that the majority has overlooked the statute’s critical language. Section 402(d) states:
[a]n employe shall be ineligible for compensation for any week—
(d) In which his unemployment is due to a stoppage of work, which exists because of a labor dispute (other than *32 a lock-out) at the factory, establishment or other premises at which he is or was last employed: Provided, That this subsection shall not apply if it is shown that (1) he is not participating in, or directly interested in, the labor dispute which caused the stoppage of work, and (2) he is not a member of an organization which is participating in, or directly interested in, the labor dispute which caused the stoppage of work, and (3) he does not belong to a grade or class of workers of which, immediately before the commencement of the stoppage, there were members employed at the premises at which the stoppage occurs, any of whom are participating in, or directly interested in, the dispute.
43 P.S. § 802(d) (emphasis added). Appellees participated in the strike which caused the stoppage of work and were members of the union which was on strike. To my mind they are clearly ineligible for benefits.
McDERMOTT, J., joins in this Dissenting Opinion.