Northwest Airlines, Inc. v. Employment Security Commission

142 N.W.2d 649, 378 Mich. 119, 1966 Mich. LEXIS 69
Michigan Supreme Court·Decided June 8, 1966·No. Calendar 3-5, Docket 51,033, 51,242, 51,243·Published·Cited by 18 cases

Opinions

Smith, J.

The principal issue in this case is similar to the principal issue decided in the so-called “Ford-Canton” case: Park v. Employment Security Commission, 355 Mich 103. Claimants are Michigan-based employees of Northwest Airlines who were laid off from work as a result of a strike by flight engineers who were domiciled in Minneapolis and Seattle, but who were attached to aircraft which flew from place to place throughout the airline system. Federal aviation regulations required such engineers to be on hoard aircraft during flight. When the flight engineers went on a systemwide strike January 9, 1961, the flight operations of Northwest in Michigan and elsewhere were closed down and certain ground personnel, including claimants herein, were laid off by management.* Generally stated, the question has to do with whether or not the labor dispute which resulted in claimants’ unemployment was “in the establishment” where they were employed.

The parties agreed to a “statement of proceedings and facts” in the Ingham circuit court, which court [123] had initial appeal jurisdiction from the employment security appeal board. Such statement having been concurred in again by the parties in this Court, and it being a fair summation of the case, is adopted here:

“Claimants are individuals who were employed by Northwest Airlines, Incorporated, at the Detroit Metropolitan Airport and at the Northwest Airlines office in the city of Detroit.
“On the 9th day of January, 1961, the claimants were advised by Northwest Airlines, Inc., that due to a strike of flight engineers that they would bé laid off until further notice.
“The claimants filed claims for unemployment benefits under the Michigan employment security act. The commission filed a redetermination on September 8, 1961, holding that the unemployment of the claimants was due to a stoppage of work in the establishment in which they were last employed and held that the claimants were disqualified from receipt of benefits for the same period of their un7 employment under the labor dispute provision, section 29(1) (b)(4) of the Michigan employment security act.
“The claimants filed appeals from the redetermination to a referee who, on August 27,1962, issued a decision holding that the claimants were not entitled to benefits.
“The claimants appealed this decision to the appeal board of the Michigan employment security commission and on January 4,1963, the appeal board reversed the decision of the referee and held that the claimants were eligible for benefits.
“Northwest Airlines, Inc., filed an appeal to the circuit court for the county of Ingham. On April 29, 1964, the Honorable Sam Street Hughes filed a written opinion holding that the claimants were ineligible for benefits as a matter of law; a copy of the opinion being attached hereto as exhibit A.
[124] “On May 28, 1964, judgment was entered by the Honorable Sam Street Hughes reversing the decision of the appeal board.
“The issue in this case is whether, under section 29(l)(b) of the Michigan employment security act, the unemployment of the claimants was due to a stoppage of work existing because of a labor dispute in -the establishment in which they were last employed.
“Northwest Airlines, Incorporated, is a common carrier by air in interstate and foreign commerce, operating foreign and scheduled air service under authority of the civil aeronautics board.
“Northwest domestic service connects the Pacific northwest cities of Seattle, Tacoma, Portland, with New York, and Washington via Detroit, Chicago, Minneapolis, St. Paul and Spokane. The trunk portion of the system consisted of the mainline between New York and Seattle with segments off the main trunk to Washington, to points in Florida, and to Winnipeg, the Orient, Alaska, and Hawaii.
“The company operations involved centralized dispatching of planes and a centralized electronic reservation system, high line telephone, teletype and meteorology service.
“Prior to January 9, 1961, regularly flying in and out of the Detroit Metropolitan Airport, the flight engineers were performing services. These services were subject to the direction and control of the captain, both when the planes were en route and when they were landing and take-off, including assisting the pilot in phases of the landing and take-off such as monitoring certain instruments pertaining to the performance of the engine of the aircraft aboard the aircraft, and just prior to take-off making what was known as a walk around check at the airport prior to its departure. Flight engineers were subject to the direction and control of the company’s operations manager in Detroit while such flight engineers laid over between flights at that location.
[125] “On January 9, 1961, in the course of a labor dispute, the flight engineers unqualifiedly refused to fly any of the company’s aircraft to or from any point in the company’s entire route system in the continental United States, including the Detroit terminal. This resulted in the complete cessation of operations in Michigan by Northwest Airlines because of the fact that flight engineers who refused to fly were all licensed by the federal aeronautics administration, and such licensed personnel were required by regulation to operate Northwest aircraft. Northwest did not have other replacement personnel available to fly the flights scheduled into and out of Michigan, and, therefore, the flights were grounded as a result of the strike. As a consequence, Northwest employees were given a temporarily no work notice.
“The issues involved in the labor dispute solely concerned the status of the company’s flight engineers. Northwest, on January 9, 1961, had 82 employees on its Michigan payroll, none of whom were flight engineers. None of the flight engineers were based or domiciled in Michigan. The domicile of the flight engineers was either at Minneapolis, Minnesota, or Seattle, Washington. No aircraft was stored in Michigan.
“The company had an operations manager in Detroit who might and did recruit employees. Prospective employees might be interviewed in Minneapolis or locally by an interviewer from Minneapolis, or by a local interviewer, but their ultimate employment was subject to approval by the director of employment at Minneapolis.
“The local manager could not discharge a worker for an infraction of rules until a hearing was held with a final decision being made normally with the manager’s recommendation to the company. In the case such as theft, the manager could directly discharge the employee.
“The payroll department for the entire system was located in Minneapolis. All time cards were [126] checked by the local manager and forwarded to Minneapolis for compiling and for payment. All payroll checks were drawn on the First National Bank of Minneapolis; these being forwarded to the various points of the company’s system around the country.

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Northwest Airlines, Inc. v. Employment Security Commission, 142 N.W.2d 649, 378 Mich. 119, 1966 Mich. LEXIS 69 (Mich. 1966).

142 N.W.2d 649 (Northwest Airlines, Inc. v. Employment Security Commission) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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Northwest Airlines, Inc. v. Employment Security Commission
142 N.W.2d 649 (Michigan Supreme Court, 1966)