Outboard, Marine & Manufacturing Co. v. Gordon

87 N.E.2d 610, 403 Ill. 523, 1949 Ill. LEXIS 344
CourtIllinois Supreme Court
DecidedMay 19, 1949
DocketNo. 30995. Judgment affirmed.
StatusPublished
Cited by40 cases

This text of 87 N.E.2d 610 (Outboard, Marine & Manufacturing Co. v. Gordon) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Outboard, Marine & Manufacturing Co. v. Gordon, 87 N.E.2d 610, 403 Ill. 523, 1949 Ill. LEXIS 344 (Ill. 1949).

Opinion

Mr. Justice Daily

delivered the opinion of the court:

This is an appeal from an order of the circuit court of Lake County, confirming an order of the Director of Labor allowing unemployment compensation to the office employees of appellant for the period from June 3, 1947, to July 10, 1947, during which its factory employees were out on strike. Appellant is Outboard, Marine & Manufacturing Company, Johnson Motors Division, and its plant is located in Waukegan, where over 1300 persons were employed in 1947. Appellees are approximately 120 office workers of this company. The claims of the employees involved were first heard by a deputy examiner for the Department of Labor, and he denied the relief. The claimants appealed to the director, and a duly authorized representative appointed by him conducted a hearing. His recommendation allowing the claims was later approved by the director.

From the evidence taken by the department representative, it appears that the factory employees were members of a union known as Independent Marine and Machinists’ Union and the office employees belonged to an organization called Local No. 1 Independent Marine and Machinists’ Union. In November, 1946, each union entered into a separate working agreement with the appellant relative to hours and wages. Each agreement had a duration of two years and contained reopening provisions for discussion and renegotiation of both wages and hours during the contract period. At the same time there was an affiliation agreement in effect between the factory union and office union, executed in October, 1945. Among other things, it provided that Local No. 1 should not enter into wage and hour agreements with the company without the approval of the factory union; gave the latter the right to adjust any grievance of Local No. 1 with the company if the office workers and the company could not come to an understanding; and required meetings between the two unions at least every three months to discuss mutual policies. The factory employees’ union had a full complement of officers but the office employees’ local had no provisions in its bylaws for a president and started its official roster with a vice president. The agreement further provided that Local No. 1 should contribute one fourth of its dues to the factory union, payable quarterly.

In May, 1947, both unions reopened negotiations with appellant looking to increased wages. Parallel discussions were carried on by both unions, the president and chairman of the committee of the factory union handling the plant employees’ negotiations without any assistance from the office union officers, but in the talks with the company as to the office employees’ amendatory contract the same two men took a leading part. On May 29, 1947, Local Ño. 1 made and entered into a satisfactory amendatory agreement with the company. The plant employees, being unable to agree with the appellant as to their differences, advised the company officials that a strike would start on June 3, 1947, at 7 A.M. On June 2 the personnel manager of the company arranged for a meeting of factory officials with the factory union officers in the company offices. This meeting was attended by several officials of each organization; however, no officers or members of Local No. 1 were invited to attend or were present. There is some dispute in the evidence as to all that transpired or was said at the meeting, but, as a result of the conversations held, the union officers agreed to issue passes to fifteen maintenance men and five officers of the company to enter the plant during the strike. None of the office workers nor their supervisors were to be given passes. At the meeting the union officers said the office employees would not be allowed to enter the plant; that there would be a picket line; and that “we are going to shut you down completely.”

In support of their claim for unemployment compensation it is the contention of appellee-claimants herein that although the factory employees are prevented by section 7(d) of the Unemployment Compensation Act (Ill. Rev. Stat. 1947, chap. 48, par. 223,) from receiving benefits under that act, because they were on strike, the office employees are not so barred for the reason that their situation, as shown by the facts adduced before the department representative at the hearing, was such that they come within the exception specifically set forth in said subsection, which proviso reads as follows: “* * * provided, that this subsection shall not apply if it is shown that (1) He is not participating in or financing, or directly interested in the labor dispute which caused the stoppage of work, and (2) 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; * * *.”

Claimants contend that they did not participate in or finance the strike of the factory employees and were not directly interested therein, and that they did not belong to the same grade or class of workers as were so participating. They urge in support of such claim that they did not benefit as a result of the labor dispute, since all of their grievances had been settled prior thereto; that at no time during the strike did they attend any meeting of the strikers, and that they were never consulted or advised by the other union as to the progress of negotiations during the strike, receiving all their information in that regard from the newspapers. They further aver that no meeting of the members of the office employees’ union was held during their unemployment; that they were told by the officers of the plant union that they would cross the picket line at their own risk; that they were not issued passes by the union following the agreement between the company and strikers as to what persons should be allowed to enter the premises; and that inasmuch as the office supervisors were not let in during the strike there was therefore no work for the office employees to do. They further point out that although a temporary business office was installed in a downtown hotel, they were not asked to come to work there or at the plant office; and that even if they had tried to go to work and had crossed or attempted to cross the picket line in effect during the strike, they could not have entered the plant because the gates thereto were kept locked at all times and instructions had been given to the gatekeepers, with the consent and acquiescence of appellant’s officers, to allow no one to enter without a pass signed by the plant union officers.

The Director of Labor having held with the claimants, it is argued by the appellees, in advancing their aforesaid contentions, that this court must accord due consideration to the findings and judgment of such administrative agent appointed by law, and that the findings of fact should not be disturbed unless manifestly against the weight of the evidence. This court has held in its consideration of findings of fact by an administrative agency, that it will not disturb the findings unless they are manifestly against the weight of the evidence or unless there is no substantial evidence to support them. (Drezner v. Civil Service Com., 398 Ill. 219.) It is not within the province of this court to substitute its judgment for that of an agency such as herein appealed from, unless we can say that the findings of the agency are clearly and manifestly against the weight of the evidence.

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Bluebook (online)
87 N.E.2d 610, 403 Ill. 523, 1949 Ill. LEXIS 344, Counsel Stack Legal Research, https://law.counselstack.com/opinion/outboard-marine-manufacturing-co-v-gordon-ill-1949.