Adams v. Review Board of the Indiana Employment Security Division

98 N.E.2d 681, 121 Ind. App. 273, 1951 Ind. App. LEXIS 197
CourtIndiana Court of Appeals
DecidedMay 17, 1951
DocketNo. 18,151
StatusPublished
Cited by3 cases

This text of 98 N.E.2d 681 (Adams v. Review Board of the Indiana Employment Security Division) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Adams v. Review Board of the Indiana Employment Security Division, 98 N.E.2d 681, 121 Ind. App. 273, 1951 Ind. App. LEXIS 197 (Ind. Ct. App. 1951).

Opinion

Royse, J.

Appellants seek a review of an order of the Review Board of the Indiana Employment Security Division (hereinafter designated as the Board) denying them unemployment compensation.

[274]*274Appellants do not question the sufficiency of the evidence to sustain the award. In their brief they state the only question presented is: Did the Review Board correctly apply, the law to the facts in this case when it ruled that the appellants belonged 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 occurred, any of whom are participating in or financing or directly interested in the dispute?

The statement of fact and findings of the Board are as follows:

“The employer is engaged in the manufacturing and processing of steel products at its plant in East Chicago, Indiana. It operates under a bargaining agreement with Local 1011 of the United Steel Workers of America — CIO extending bargaining rights to such union for all the production and maintenance employees at this employer’s establishment with certain exceptions not herein involved.
“On and prior to February 3, 1950, the union was negotiating with the employer relative to new time rates for the operators of the No. 1 Continuous Butt Weld Mill, the necessity for which had resulted from certain changes in the mill designed to increase production. On February 3, 1950 the employer’s superintendent ordered the operators of the No. 1 Continuous Butt Weld Mill to increase production under the authority of management’s right to administer plans and methods of incentive earnings calculations under Section 8-A of the existing bargaining agreement. The operators refused to meet management’s demands and left work in an unauthorized strike at 11 a.m., February 3, 1950. The action of the operators was in violation of the contract and contrary to the wishes of the union which was their authorized bargaining agent. Thereafter all negotiations between the employer and the union relative to the new time rates ceased and the operators [275]*275remained away from work from February 3, 1950. They returned to work on February 20, 1950, under the same conditions of employment at which they were employed on and prior to February 3, 1950. Production in the employer’s establishment is integrated and progressive in nature, each department depending upon the preceding departments to furnish them with work. All the claimants involved herein were employees of the finishing department and dependent upon the operators to furnish them with the material with which to work. As a result of the strike of the operators, the employer was unable to furnish claimants with any work after they had completed that which had already been processed through the No. 1 Continuous Butt Weld Mill. The claimants continued to work after the strike of the operators until the employer laid them off because no work was available. Claimants involved herein and the operators are members of the same bargaining unit and all are eligible for membership in Local 1011, United Steelworkers of America — CIO., their bargaining agent. The employer had ample materials and orders on hand to have furnished continuous employment to the claimants had it not been for the strike of the operators:
“The Review Board finds that a labor dispute existed between the employer and the operators of No. 1 Continuous Butt Weld Mill on and prior to February 3, 1950, over the terms and conditions of employment of the operators of the No. 1 Continuous Butt Weld Mill; that as a result of such labor dispute, the operators of No. 1 Continuous Butt Weld Mill struck on February 3, 1950, and that as a result of such strike all the claimants involved herein were unemployed during the period from February 3, to February 19, 1950.
“The Review Board further finds that the operators of the No. 1 Continuous Butt Weld Mill and the claimants involved herein were members of the same bargaining unit for which Local 1011, United Steelworkers of America — CIO., was the authorized bargaining agent and that they and each of them were eligible for membership in such union.
[276]*276“The Review Board further finds that all the members of the bargaining unit are members of the same grade or class of workers.
“The Review Board further finds that the claimants’ unemployment during the calendar weeks involved in the period from February 3, to February 19, 1950, was due to a stoppage of work due to a labor dispute at the establishment at which they were last employed and that they and each of them belong to the same grade or class of workers as the operators of the No. 1 Continuous Butt Weld Mill who were directly interested in and participating in the labor dispute which caused the stoppage of work. Consequently, the claimants and each of them are disqualified under Section 1504 of the Indiana Employment Security Act for their benefit rights during the calendar weeks involved in the period from February 3, to February 19, 1950.”

Section 52-1539c, Burns’ 1951 Replacement, provides as follows:

“An individual shall be ineligible for waiting period or benefit rights: For any week with respect to which the board finds that his total or partial or part-total unemployment is due to a stoppage of work which exists because of a labor dispute at the factory, establishment, or other premises at which he was last employed; Provided, That this section shall not apply if it is shown to the satisfaction of the board that: He is not participating in or financing or directly interested in the labor dispute which caused the stoppage of work; and 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 financing or directly' interested in the dispute; and he has not voluntarily stopped working, other than at the direction of- his employer, in sympathy with employees in some other establishment or factory in which a labor dispute is in progress; Provided, That if in any case separate branches of work which are [277]*277commonly conducted as separate businesses in separate premises, are conducted in separate departments of the same premises, each such department shall, for the purposes of this section, be deemed to be a separate factory, establishment, or other premises.”

In the case of Auker et al. v. Review Board, Indiana Employment Security Division et al. (1947), 117 Ind. App. 486, 494, 71 N. E. 2d 629, in construing an analogous provision of an earlier Act, we held that where employees were once disqualified for benefits because their unemployment was due to a work stoppage which existed because of a labor dispute, the burden was on the employees to requalify themselves by establishing both of the conditions which would requalify them. In that case we did not consider the grade or class provision.

In construing practically an identical provision of the Illinois statute where the facts were substantially the same as in this case, the Supreme Court of Illinois said in the case of Local No. 658, Boot and Shoe Workers Union, et al. v. Brown Shoe Co., et al. (1949), 403 Ill. 484, 87 N. E. 2d 625, 629, 630:

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Related

Ashmead v. Florida Industrial Commission
155 So. 2d 801 (District Court of Appeal of Florida, 1963)
Ogilvie v. Review Board of Indiana Employment Security Division
184 N.E.2d 817 (Indiana Court of Appeals, 1962)
Adams v. REVIEW BD., EMP. SEC. DIV.
98 N.E.2d 681 (Indiana Court of Appeals, 1951)

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Bluebook (online)
98 N.E.2d 681, 121 Ind. App. 273, 1951 Ind. App. LEXIS 197, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adams-v-review-board-of-the-indiana-employment-security-division-indctapp-1951.