Ross v. Department of Employment Security

559 N.E.2d 100, 201 Ill. App. 3d 474, 147 Ill. Dec. 100, 1990 Ill. App. LEXIS 1012
CourtAppellate Court of Illinois
DecidedJuly 6, 1990
Docket1-89-1211
StatusPublished
Cited by6 cases

This text of 559 N.E.2d 100 (Ross v. Department of Employment Security) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ross v. Department of Employment Security, 559 N.E.2d 100, 201 Ill. App. 3d 474, 147 Ill. Dec. 100, 1990 Ill. App. LEXIS 1012 (Ill. Ct. App. 1990).

Opinion

JUSTICE RAKOWSKI

delivered the opinion of the court:

The subject of this appeal is an order entered by the circuit court of Cook County on administrative review affirming the decision of the Director of the Department of Employment Security (Department) that plaintiffs were ineligible to receive unemployment insurance benefits under section 604 of the Unemployment Insurance Act (111. Rev. Stat. 1985, ch. 48, par. 434). The issue on appeal is whether the circuit court erred in affirming the decision of the Department that plaintiffs were unemployed as a result of a labor dispute and, therefore, ineligible for benefits.

Plaintiffs were the production and maintenance employees of the South Works plant of USX Corporation in Chicago (formerly known as United States Steel). The plaintiffs were represented for the purpose of collective bargaining by the United States Steelworkers of America (union), and they were covered by a collective bargaining agreement that was due to expire on August 1, 1986. Evidence presented at the administrative hearing established that the union adopted a policy statement calling upon USX and other represented steel companies to engage in early collective bargaining. In January 1986, the union sent a copy of the policy statement with a letter to the executive officers and negotiators of the represented steel companies, including USX, but USX did not respond to the union’s letter. However, USX had made a proposal to the union in December 1985, to negotiate a new contract prior to the union’s negotiations with the other companies, but USX claimed that the union never responded to its proposal. USX further stated that it received the union’s policy statement and letter proposing early negotiations in January 1986, but that the union’s readiness for early negotiations was contingent on the respective steel companies’ agreement to join the union’s political campaign to secure additional governmental controls on imports. USX was not willing to negotiate on this basis, and it refused the union’s offer. The union then negotiated new collective bargaining agreements with the five other steel companies that it represented and did not prepare to negotiate a new contract with USX until the other contracts were completed.

On May 15, 1986, USX sent the union officials notice that it was terminating the existing labor agreement as of August 1, 1986, and that it wanted to negotiate a new contract. On May 20, 1986, the union sent its counter-termination notice. The notices were sent in compliance with the provisions of the existing contract that the parties give notice of their intent to terminate the contract within 60 days of its expiration date. If neither party sent a termination notice, the existing contract would continue. Negotiations for the new contract began on June 12, 1986, and ended in a stalemate on July 31, 1986. During that time, both sides made several proposals and counterproposals regarding wages, as well as other working conditions, but could not reach an agreement.

Around the time that negotiations for the new contract were beginning, the management of the South Works began forecasting that the plant would not be operating during the last week in July and the first week in August. Evidence was also presented that even if agreement on a new contract were reached, the plant would not be operating during this period. Plaintiffs and defendants presented different explanations for the cause of the shutdown. The plaintiffs claimed that it was due to a lack of orders and that negotiations for the new contract were in the early stages when the shutdown was planned. USX claimed that the shutdown was planned in the event that contract negotiations faltered and a strike occurred. The shutdown of the plant took place in several stages, but by July 31, 1986, the process had been completed, and the plant closed. At midnight of the same day the old contract expired, and the negotiations for a new contract ended.

Following the shutdown of the plant, plaintiffs sought unemployment insurance pursuant to the Unemployment Insurance Act (the Act). A claims adjudicator found plaintiffs ineligible for benefits under section 604 of the Act because their unemployment was due to a labor dispute. Plaintiffs appealed the determination, and a hearing was held before the representative of the Director of the Department. Following the hearing, the Director’s representative affirmed the decision of the claims adjudicator. The findings relevant to this appeal were:

“1. A labor dispute existed at the South Works Plant of USX Corporation between USX and USWA starting May 15, 1986.
2. There was a stoppage of work at the South Works [Plant] commencing July 23,1986.
3. The stoppage of work was caused by the labor dispute.
4. The unemployment of the claimant-appellants was caused by the said stoppage of work due to the labor dispute.”

The Director affirmed her representative’s decision, and plaintiffs filed a complaint for judicial review of the Department’s decision which the circuit court affirmed.

Plaintiffs contend that the circuit court on administrative review erred in holding that the initiation of collective bargaining constituted a labor dispute within the meaning of the Unemployment Insurance Act. Section 604 of the Act provides:

“Labor dispute. An individual shall be ineligible for benefits for any week with respect to which it is found that his total or partial unemployment is due to a stoppage of work which exists because of a labor dispute at the factory, establishment, or other premises at which he is or was last employed.” (Ill. Rev. Stat. 1985, ch. 48, par. 434.)

The general purpose of the Act is to provide compensation for those who are involuntarily unemployed. (Walgreen Co. v. Murphy (1944), 386 Ill. 32, 36, 53 N.E.2d 390.) However, under section 604 of the Act, an individual is disqualified from receiving benefits where his unemployment is the. result of a labor dispute. (Buchholz v. Cummins (1955), 6 Ill. 2d 382, 388-89, 128 N.E.2d 900, 904; Central Foundry Division of General Motors Corp. v. Holland (1976), 36 Ill. App. 3d 998, 1002, 345 N.E.2d 143.) The legislative purpose underlying this disqualification was to establish a policy that the State would not, by the payment of compensation, favor one party to a dispute over the other party. (Buchholz, 6 Ill. 2d at 382-86.) In order to find a party ineligible for benefits, there must be a specific finding of work stoppage, a labor dispute and proximate causation between the labor dispute and the stoppage of work. (Central Foundry Division of General Motors Corp., 36 Ill. App. 3d at 1002.) A labor dispute is defined as a controversy concerning wages, hours, working conditions or terms of employment. (Local 7 — 611, Oil, Chemical & Atomic Workers International Union v. Department of Labor (1983), 96 Ill. 2d 94, 98, 449 N.E.2d 134; Local No.

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

Related

Bridgestone/Firestone, Inc. v. Doherty
Appellate Court of Illinois, 1999
Caterpillar, Inc. v. Department of Employment Security
304 Ill. App. 3d 492 (Appellate Court of Illinois, 1999)
Golab v. Department of Employment Security
666 N.E.2d 347 (Appellate Court of Illinois, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
559 N.E.2d 100, 201 Ill. App. 3d 474, 147 Ill. Dec. 100, 1990 Ill. App. LEXIS 1012, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ross-v-department-of-employment-security-illappct-1990.