Tuesday, March 05, 2013


Showers, et al. v. UCBR – March 5, 2013 (18 pp.)

Dean Showers and other claimants petition for review of the Unemployment Compensation Board of Review’s (UCBR) March 14, 2012 orders affirming the Referee’s decision finding Claimants ineligible for Trade Adjustment Assistance, and to receive basic and additional Trade Readjustment Allowances.

There are three issues before this Court: (1) whether a lockout is a qualifying “layoff” or “severance” under Section 247(10) of the Trade Act of 1974 (Trade Act), 19 U.S.C. § 2319(10); (2) whether “lack of work” under Section 247(2) of the Trade Act, 19 U.S.C. § 2319(2), concerns work available at the plant or work available to the employees; and (3) whether a union member forfeits Trade Act benefits when he offers to work under an expired union contract. We affirm.