Lexes v. Industrial Commission

243 P.2d 964, 121 Utah 551, 1952 Utah LEXIS 165
CourtUtah Supreme Court
DecidedApril 29, 1952
Docket7623
StatusPublished
Cited by14 cases

This text of 243 P.2d 964 (Lexes v. Industrial Commission) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lexes v. Industrial Commission, 243 P.2d 964, 121 Utah 551, 1952 Utah LEXIS 165 (Utah 1952).

Opinions

WOLFE, Chief Justice.

Certiorari to the Board of Review of the Industrial Commission, to review its decision denying unemployment compensation benefits to plaintiffs.

The facts are as follows: Prior to June 25, 1950, switching and spotting of railroad cars upon the premises of the Garfield, Utah, plant of the American Smelting & Refining Co. (A. S. & R. Co.) - was performed pursuant to contract by the Denver & Rio Grande Western Railroad (D. & R. G. W.). The railroad employees were members of the Switchmen’s Union of North America. On June 25th, the Switchmen’s Union “struck” the D. & R, G. W. Approximately nine switchmen affected by the strike, walked off their jobs at Garfield. The A. S. & R. Co. had anticipated such a possibility and had arranged by contract with Local Union No. 4347 United Steel Workers of America, C. I. 0., which had jurisdiction over the A. S. & R. Co. employees, that the Steelworkers Union would take over the jobs vacated by the striking switchmen and perform such work, using equipment recently acquired by the A. S. & R. Co. The contract with the D. & R. G. W., being terminable at will, had been cancelled and there were no positions in the [553]*553plant operations which were being filled by railroad employees.

On June 28, 1950, the Switchmen’s Union established picket lines at the gates of the plant. The Executive Board of the Steelworkers Union, Local 4347, had determined to honor such a picket line and the morning shift of A. S. & R. Co. employees stayed outside the plant upon encountering the pickets. Representatives of the Steelworkers Union conferred with the A. S. & R. Co. management suggesting that the afternoon and night shifts be advised of the situation and told not to report for work. Such information was broadcasted on various radios that afternoon and consequently most of the workers on the afternoon and evening shift did not report for work. The only reason for the closing down of the plant was the refusal of the employees to pass the picket lines established by the Switchmen’s Union. No dispute of any kind existed between the smelting company and its employees, either as to wages or any condition of employment. Both the Switchmen’s and Steelworkers Union were notified of the termination of the contract calling for switching and spotting services by railroad employees within the plant. Nevertheless the picket line remained until July 6th. The employees of the smelting company returned to work July 8, 1950.

Plaintiffs represent the A. S. & R. Co. employees who contend that they are eligible for unemployment compensation benefits for the period from June 25th through July 8, 1950. The salient portions of the Utah Employment Security Act provides as follows:

42-2a-4, U. C. A. 1943:
“An unemployed individual shall be eligible to receive benefits with respect to any week only if it has been found by the commission that: * * * (c) He is able to work and is available for work.”
42-2a-5,
“An individual shall be ineligible for benefits * * * (a) For the week in which he has left work voluntarily without good cause, is so found by the commission * * (Italics added.)

[554]*554Plaintiffs contend that they did not leave work voluntarily without good cause, nor was there work available for them within the meaning of the statute. The reason given for refusing to cross the picket line was stated by one of the witnesses to be:

“Well, every union man on joining a union pledges that he will work for the betterment of organized labor and that he will not under any circumstances take another man’s job and that he will cease work on the orders of his union and it is also a common belief among organized labor that what hurts one union man hurts another and to undermine the — for the C. I. O. for example to undermine the A. F. of L. Union by crossing their picket lines and aid in breaking their strike, would undermine all our rights.”

Other testimony is to the effect that any man who crosses a picket line is considered a scab, a person devoid of honor, who cannot be trusted, hardly fit for the society of other working men; that Garfield is a union community where a scab would be socially ostracized. There was no evidence of violence when the morning shift encountered the pickets, but the plaintiffs testified that they feared a fight would start if someone attempted to cross it. Thus plaintiffs argue that these socio-economic reasons compelled them to honor the picket line and furnished “good cause” for their decision to remain away from work; that if work could only be obtained at the risk of violence or social ostracism then the work was not as a practical matter “available.”

The claims supervisor of the Industrial Commission in denying the plaintiffs’ application for unemployment compensation, stated as follows:

“You were unemployed because in accordance with your union principles you did not choose to cross the picket line which had been established by the Switchmen’s Union. This choice is one which members of organized labor are frequently called upon to make and in the eyes of the Utah act, this kind of choice has never been deemed involuntary. You are therefore ineligible to receive benefits from June 25 through July 8, 1950.”

[555]*555In Members Iron Workers Union of Provo v. Industrial Comm., 104 Utah 242, 139 P. 2d 208, and in Olof Nelson Const. Co. v. Industrial Comm., . . . Utah . . , 243 P. 2d 951, we have cited Bodinson Mfg. Co. v. California Employment Commission, 17 Cal. 2d 321, 109 P. 2d 935, 939. There a machinist’s union refused to cross the picket line of the welder’s union established at the Bodinson plant. The court held that the machinists were ineligible for unemployment compensation. The question was whether the claimant “left his work because of a trade dispute” as provided by the California statute. The court reasoned that the phrase implied that the employee is disqualified for benefits “only if he leaves his work voluntarily”. Thus the issue was whether the employees who refused to pass the picket line acted of their own volition. Our statute provides that the individual shall be ineligible for benefits when he leaves work “voluntarily without good cause,” and therefore the Bodinson decision is squarely in point. The decision of the court is expressed by the following quotations found at page 940 of 109 P. 2d:

“If the picket line was maintained within the limits permitted bylaw, as this one presumably was, no physical compulsion was exerted to prevent corespondents from working. They were unemployed solely because, in accordance with their union principles, they did not choose to work in a plant where certain of their fellow employees were on strike. Their own consciences and faith in their union principles dictated their action. This choice is one which members of organized labor are frequently called upon to make, and in the eyes of the law this kind of choice has never been deemed involuntary.” '

The “Utah Unemployment Reserve Law” as it was first known was enacted in 1935, Chapter 38, Laws of Utah 1935.

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Olof Nelson Const. Co. v. Industrial Commission
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Lexes v. Industrial Commission
243 P.2d 964 (Utah Supreme Court, 1952)

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Bluebook (online)
243 P.2d 964, 121 Utah 551, 1952 Utah LEXIS 165, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lexes-v-industrial-commission-utah-1952.