Gentile v. Director of Division of Employment Security
Gentile v. Director of Division of Employment Security
Opinion of the Court
These are appeals by ten claimants for unemployment benefits under G. L. (Ter. Ed.) c. 151A, as appearing in St. 1941, c. 685, § 1, as amended, from a decisión of a judge of the Central District Court of Worcester which affirmed a decision of the board of review in the divi
The facts found by the board are substantially as follows. The claimants are employees of Reed and Prince Manufacturing Company of Worcester. With other employees they went out on strike on or about January 2, 1951, causing practically a complete stoppage of work. On March 2, 1951, the employer sent a general letter to all employees stating in effect that if they did not return to work as of a given they would be replaced. This letter was ignored for the most part and at the time of the hearing the employer and the union maintained that there was still a substantial stoppage of work and that the strike was in effect. During the period of the strike some of the workers, including all of the claimants, sought other work. In all instances the claimants have had one or more jobs from which they have been laid off, and it is after the layoffs from other jobs with employers other than the one against whom the strike was directed that they filed the claims in issue. The claimants had been employed by Reed and Prince Manufacturing Company for long periods, their respective terms of employment running “from several to forty years.” “They were all members of the union that had called the strike and in some instances, even during the period when they had had other employment, they did picket duty and kept their eye on the progress of the strike.” “In all cases the claimants were still interested in the outcome of the strike”
The findings of the board of review as to the facts, if supported by any evidence, are conclusive. G. L. (Ter. Ed.) c. 151A, § 42, as amended. Weiner v. Director of the Division of Employment Security, 327 Mass. 360, 363.
Section 25 in part provides that “no benefits shall be paid to an individual under this chapter for —•. . . (b) Any week with respect to which the director finds that his 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 was last employed; provided, that this subsection shall not apply if it is shown to the satisfaction of the director that — (1) He is not participating in or financing or directly interested in the labor dispute which caused the stoppage of work . . . .” See Ford Motor Co. v. Director of the Division of Employment Security, 326 Mass. 757; Martineau v. Director of the Division of Employment Security, ante, 44.
The disqualification of the claimants from a right to unemployment benefits depends upon whether the establishment of Reed and Prince Manufacturing Company was the place where they were “last employed.” In G. L. (Ter. Ed.) c. 150A, inserted by St. 1938, c. 345, § 2, wherein employees are given the right to organize and to bargain collectively, it is provided in § 2 (3) that when used in' this chapter the
According to this statutory definition which we think in the circumstances is applicable to the claimants and in conformity with the weight of authority, the claimants remained the employees of Reed and Prince Manufacturing Company although out on strike and, because of the existing labor dispute, not actually engaged in the work of their employer. The board found correctly that their employment was not terminated either by the letter which was sent out by their employer or by their subsequent acceptance of temporary work. This letter did not purport to effect an immediate severance of the employment relationship but refers to a future date for replacement which is not stated in the record. See Densten Hair Co. v. United Leather Workers International Union of America, 237 Mass. 199, 202; Employment Security Commission v. Jarrell, 231 N. C. 381. It seems that none of the claimants in fact has been replaced. The employees did not treat the letter as terminating the relationship but “continued to negotiate through their union in an effort to end the strike.” In taking tern
Decision of the District Court affirmed.
Reference
- Full Case Name
- Catherine A. Gentile & others v. Director of the Division of Employment Security & another
- Cited By
- 15 cases
- Status
- Published