Peaden v. Employment Security Commission

96 N.W.2d 281, 355 Mich. 613, 1959 Mich. LEXIS 484
CourtMichigan Supreme Court
DecidedApril 13, 1959
DocketDocket 32, Calendar 47,676
StatusPublished
Cited by36 cases

This text of 96 N.W.2d 281 (Peaden v. Employment Security Commission) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Peaden v. Employment Security Commission, 96 N.W.2d 281, 355 Mich. 613, 1959 Mich. LEXIS 484 (Mich. 1959).

Opinions

Black, J.

Plaintiff-claimants were and are employees of defendant Calumet Division — Calumet & Hecla, Inc. They applied for unemployment benefits under the Michigan employment security act, alleging (as the issue comes here) eligibility for such benefits starting as of August 12, 1955, and continuing through September 10, 1955. The commission and hearing referee upheld claimants and directed payment accordingly. The appeal board, sitting in review, reversed these rulings and, by way of conclusion of its lengthy findings, ruled as follows:

[615]*615“It is held that the claiments were unemployed because of a work stoppage caused by a labor dispute in the establishment of Calumet Division, Calumet & Hecla, Inc., during the period beginning May 2, 1955, and ending at week ending September 10, 1955, ■and that the claimants are.disqualified from obtaining such benefits for the above-stated period under .section 29, subd (1) (b) of the act.” (CLS .1956, §421.29 [Stat Ann 1957 Cum Supp §17.531].)

Claimants thereupon sued out certiorari in the Ingham circuit to review the appeal board’s determination. The circuit court found no error and entered an order of affirmance. From such order •claimants have appealed to this Court.

The labor dispute viewed in the appeal board’s ■findings threatened and then critically affected the •economic welfare of what is known — in Michigan — ■ as “the Copper Country.” Comprising the counties ■of Houghton aiid Keweenaw and nearby territory, this is Michigan’s remote and geologically historic Keweenaw peninsula. For upwards of a.century the mining of copper and copper-bearing ores has furnished the leading source of employment and business in the area, and defendant Calumet has been the principal employer of copper miners and copper smelters therein. In most of the villages Calumet has provided and now provides necessary public utility services; also police and fire protection. It is in position to cut these services off at will. Here, indeed, will be found the substance of Ernie Ford’s “company town.” Comprehensive, then, is the picture of general economic woe in the copper country when Calumet is “down.” Understandable also is the fact that the labor dispute we are to consider — for the sole purpose of determining whether there is a -“rational basis”

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Bluebook (online)
96 N.W.2d 281, 355 Mich. 613, 1959 Mich. LEXIS 484, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peaden-v-employment-security-commission-mich-1959.