Nunamaker v. United States Steel Corp.

Ohio Supreme Court

Nunamaker v. United States Steel Corp.

31 Ohio Law Rep. 8

CourtOhio Supreme Court

DecidedApril 7, 1965

Docket38634

StatusPublished

This text of 31 Ohio Law Rep. 8 (Nunamaker v. United States Steel Corp.) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Nunamaker v. United States Steel Corp., 31 Ohio Law Rep. 8 (Ohio 1965).

Pincite

Opinion

Schneider, Judge.

1. Section 4141.31 (B) (2), Revised Code, in effect from October 16, 1959, to October 19, 1963, inclusive, did not authorize unemployment benefits, in addition to vacation pay for the same week, to be paid to an employee who was confronted with the certainty of being laid off, offered the alternative of accepting that certainty or of electing to take a [9]*9vacation, and voluntarily elected the vacation.

2. An employee who voluntarily elected to receive and accepted vacation pay, received “remuneration,” was not “totally unemployed,” and, therefore, was ineligible for unemployment benefits pursuant to Sections 4141.01 to 4141.46, inclusive, Revised Code, in effect from October 16, 1959, to October 19, 1963.

Judgment reversed.

Corrigan, O’Neill and Herbert, JJ., concur. Taft, C. J., Matthias and McLaughlin, JJ., dissent. Corrigan, J., of the Eighth Appellate District, and McLaughlin, J., of the Fifth Appellate District, sitting, respectively, for Zimmerman and Brown, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Schneider, Judge.

1. Section 4141.31 (B) (2), Revised Code, in effect from October 16, 1959, to October 19, 1963, inclusive, did not authorize unemployment benefits, in addition to vacation pay for the same week, to be paid to an employee who was confronted with the certainty of being laid off, offered the alternative of accepting that certainty or of electing to take a [9]*9vacation, and voluntarily elected the vacation.

2. An employee who voluntarily elected to receive and accepted vacation pay, received “remuneration,” was not “totally unemployed,” and, therefore, was ineligible for unemployment benefits pursuant to Sections 4141.01 to 4141.46, inclusive, Revised Code, in effect from October 16, 1959, to October 19, 1963.

Judgment reversed.

Corrigan, O’Neill and Herbert, JJ., concur. Taft, C. J., Matthias and McLaughlin, JJ., dissent. Corrigan, J., of the Eighth Appellate District, and McLaughlin, J., of the Fifth Appellate District, sitting, respectively, for Zimmerman and Brown, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

31 Ohio Law Rep. 8, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nunamaker-v-united-states-steel-corp-ohio-1965.