Adams v. Review Bd. of Ind. Employment Sec. Division, 18151

• Decision Date: 17 May 1951
• Docket Number: No. 18151,18151
• Parties: ADAMS et al. v. REVIEW BOARD of the INDIANA EMPLOYMENT SEC. DIVISION, et al.
• Court: Indiana Appellate Court

Page 681

98 N.E.2d 681

121 Ind.App. 273

ADAMS et al. v. REVIEW BOARD of the INDIANA EMPLOYMENT SEC. DIVISION, et al.

No. 18151.

Appellate Court of Indiana, in Banc.

May 17, 1951.

David Cohen, East Chicago, for appellant.

Allen P. Twyman, East Chicago, for Youngstown Sheet & Tube Co.

J. Emmett McManamon, Atty. Gen., Glen F. Kline, Deputy Atty. Gen., for appellees.

ROYSE, Justice.

Appellants seek a review of an order of the Review Board of the Indiana Employment Security Division (hereinafter designated as the Board) denying them unemployment compensation.

Appellants do not question the sufficiency of the evidence to sustain the award. In their brief they state the only question presented is: Did the Review Board correctly apply the law to the facts in this case when it ruled that the appellants belonged 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 occurred, any of whom are participating in or financing or directly interested in the dispute?

The statement of fact and findings of the Board are as follows:

'The employer is engaged in the manufacturing and processing of steel products at its plant in East Chicago, Indiana. It operates under a bargaining agreement with Local 1011 of the United Steel Workers of America--CIO extending bargaining rights to such union for all the production and maintenance employees at this employer's establishment with certain exceptions not herein involved.

'On and prior to February 3, 1950, the union was negotiating with the employer relative to new time rates for the operators of the No. 1 Continuous Butt Weld Mill, the necessity for which had resulted from certain changes in the mill designed to increase production. On February 3, 1950 the employer's superintendent ordered the operators of the No. 1 Continuous Butt Weld Mill to increase production under the authority of management's right to administer plans and methods of incentive earnings calculations under Section 8-A of the existing bargaining agreement. The operators refused to meet management's demands and left work in an unauthorized strike at 11 a. m., February 3, 1950. The action of the operators was in violation of the contract and contrary to the wishes of the union which was their authorized bargaining agent. Thereafter all negotiations between the employer and the union relative to the new time rates ceased and the operators remained away from work from February 3, 1950. They returned to work on February 20, 1950, under the same conditions of employment at which they were employed on and prior to February 3, 1950. Production in the employer's establishment is integrated and progressive in nature, each department depending upon the preceding departments of furnish them with work. All the claimants involved herein were employees of the finishing department and dependent upon the operators to furnish them with the material with which to work. As a result of the strike of the operators the employer was unable to furnish claimants with any work after they had completed that which had already been processed through the No. 1 Continuous Butt Weld Mill. The claimants continued to work after the strike of the operators until the employer laid them off because no work was available. Claimants involved herein and the operators are members of the same bargaining unit and all are eligible for membership in Local 1011, United Steelworkers of America--CIO., their bargaining agent. The employer had ample materials and orders on hand to have furnished continuous employment to the claimants had it not been for the strike of the operators.

'The Review Board finds that a labor dispute existed between the employer and the operators of No. 1 Continuous Butt Weld Mill on and prior to February 3, 1950, over the terms and conditions of employment of the operators of the No. 1 Continuous Butt Weld Mill; that as a result of such labor dispute, the operators of No. 1 Continuous Butt Weld Mill struck on February 3, 1950, and that as a result of such strike all the claimants involved herein were unemployed during the period from February 3, to February 19, 1950. 'The Review Board further finds that the operators of the No. 1 Continuous Butt Weld Mill and the claimants involved herein were members of the same bargaining unit for which Local 1011, United Steelworkers of America--CIO., was the authorized bargaining agent and that they and each of them were eligible for membership in such union.

'The Review Board further finds that all the members of the bargaining unit are members of the same grade or class of workers.

'The Review Board further finds that the claimants' unemployment during the calendar weeks involved in the period from February 3, to February 19, 1950, was due to a stoppage of work due to a labor dispute at the establishment at which they were last employed and that they and each of them belong to the same grade or class of workers as the operators of the No. 1 Continuous Butt Weld Mill who were directly interested in and participating in the labor dispute which caused the stoppage of work. Consequently, the claimants and each of them are disqualified under Section 1504 of the Indiana Employment Security Act for their benefit rights during the calendar...