Bigger v. Unemployment Compensation Commission of State

• Decision Date: 16 June 1947
• Docket Number: 2,1
• Citation: Bigger v. Unemployment Compensation Commission of State, 53 A.2d 761, 43 Del. 553 (Del. 1947)
• Court: Supreme Court of Delaware
• Parties: BRADFORD BIGGER, Appellant Below, Plaintiff in Error, v. UNEMPLOYMENT COMPENSATION COMMISSION OF THE STATE OF DELAWARE, Appellee Below, Defendant in Error. UNEMPLOYMENT COMPENSATION COMMISSION OF THE STATE OF DELAWARE, Appellee Below, Plaintiff in Error, v. BRADFORD BIGGER, Appellant Below, Defendant in Error

53 A.2d 761

43 Del. 553

BRADFORD BIGGER, Appellant Below, Plaintiff in Error, v. UNEMPLOYMENT COMPENSATION COMMISSION OF THE STATE OF DELAWARE, Appellee Below, Defendant in Error. UNEMPLOYMENT COMPENSATION COMMISSION OF THE STATE OF DELAWARE, Appellee Below, Plaintiff in Error, v. BRADFORD BIGGER, Appellant Below, Defendant in Error

Nos. 1, 2

Supreme Court of Delaware

June 16, 1947

Morris Cohen (of Wilmington), Joseph A. Padway and Robert A. Wilson (both of Washington, D. C.), for Bradford Bigger, Appellant Below.

Caleb R. Layton, 3d, for Unemployment Compensation Commission Appellee Below.

HARRINGTON Ch., RICHARDS, C. J., SPEAKMAN, CAREY and PEARSON, J. J. sitting.

OPINION

CAREY, J.

The basic issue here involved is whether or not the plaintiff was properly denied Unemployment Compensation Benefits because of his refusal to accept the job at the duPont Deepwater Plant to which he was referred by the United States Employment Service.

The plaintiff relies upon two separate paragraphs of the Unemployment Compensation Law as justification for his refusal to accept the proffered job, to wit, Section 2(i) (2) (A) (B) and Section 5(c) (1) (2). These sections demand separate consideration.

The first mentioned section of the Act has to do with the definition of the word "Employment" and reads as follows:

"The term 'employment' shall include an individual's entire service, performed within or both within and without this State if --

"(A) The service is localized in this State; or

"(B) The service is not localized in any State but some of the service is performed in this state and (i) the base of operations, or, if there is no base of operations, then the place from which such service is directed or controlled, is in this State; or (ii) the base of operations or place from which such service is directed or controlled is not in any State in which some part of the service is performed but the individual's residence is in this State."

A subsequent clause of Section 2, viz.: (i) (4) (A) and (B), provides that service shall be deemed to be localized within a State if -- (A) the service is performed entirely within such State; or (B) the service is performed both within and without such State, but the service performed without such State is incidental to the individual's service within the State, for example, is temporary or transitory in nature or consists of isolated transactions.

As we understand the plaintiff's contention on this point, work wholly without the State of Delaware is not covered by the Act; that is to say, a person engaged in employment entirely beyond the borders of the State cannot recover unemployment benefits under the Delaware Act. The inference is then drawn that this plaintiff was justified in refusing to accept this job because he would thereby have disqualified himself from receiving unemployment compensation benefits under the Act in the future. This argument assumes that all referrals must be to jobs which would be covered by the Delaware law in order to justify the denial of benefits to one who refuses such a referral.

The Court below refused to accept this contention. Although we agree with the result reached by the learned Judge, we are not in agreement with the reasons given by him for that ruling. The Court below apparently based its conclusion upon the belief that, since the services were to be directed and controlled from the Home Office of the duPont Company in Delaware and since the plaintiff resides here, the employment offered would be covered by the Delaware law. Analysis of the above quoted parts of Section 2 demonstrates the fallacy of this belief. Under (2) (A), an individual's service must be localized in this State. Nothing in (4) (A) or (B) justifies the statement that this particular work was localized in Delaware because, according to the record, all the work would have been performed at the Deepwater Plant in New Jersey and no part of it in Delaware. Likewise, subdivision (2) (B) does not apply because that subdivision requires some of the service to be performed in this State. Under neither definition would this particular employment fall within the scope of the Act. No claim has been made that any other section of the law would apply to this case.

Even though it be true that the employment offered to this plaintiff did not come within the coverage of the law, we are nevertheless convinced that this Section alone did not justify his refusal to accept the work. Section 2 is a rather lengthy section defining numerous terms, one of which is the word "employment." In connection with the definition of that word, this same subdivision sets forth what employment is subject to the Act. Nothing in this whole section purports to show under what circumstances a covered employee may be deprived of his right to receive benefits. That subject is taken up in Section 5. There is nothing in this latter section to indicate that a person receiving benefits is justified in refusing a job for the reason we are now discussing. On the contrary, subsection (c) of Section 5 states that an individual shall be disqualified for benefits if he fails, without good cause, to apply for available, suitable work when so directed by the Employment Office or the Commission. Another subsection sets forth the grounds which would justify an individual in refusing to accept new work, none of which includes the one now under discussion.

It is highly significant that Section 5 uses the word "work" instead of the word "employment." If the Legislature had intended that all referrals by the Employment Office or the Commission be made to jobs covered by the Act, why was not the word "employment" used here? Obviously, it had no such intent. Even if the word "employment" had been used in subdivision (c), the Legislative intent might be questionable; clearly, where it failed to use a word which it had defined so carefully, we must assume that something different was intended. Courts will not assume that a legislative body has made a distinction of this nature without intending a difference. It is not required that a referral be made to a job covered by the Delaware Act and the fact that it is not so covered furnishes no justification for a refusal.

Section 5 of the Act sets forth the conditions under which an individual shall be disqualified for benefits. The only portions of that section which are now pertinent are as follows:

"Section 5. An individual shall be disqualified for benefits --

"(c) If he has failed, without good cause, either to apply for available suitable work when so directed by the employment office or the Commission or to accept suitable work when offered him. Such disqualification shall begin with the week in which the refusal occurred and shall continue for the duration of the period of unemployment during which such refusal occurred.

"(1) In determining whether or not any work is suitable for an individual, the Commission shall consider the degree of risk involved to his health, safety, and morals, his physical fitness and prior training, his experience and prior earnings, his length of unemployment and prospects for securing local work in his customary occupation, and the distance of the available work from his residence.

"(2) Notwithstanding any other provisions of this Act, no work shall be deemed suitable and benefits shall not be denied under this Act to any otherwise eligible individual for refusing to accept new work under any of the following conditions: (a) If the position offered is vacant due directly to a strike, lock-out, or other labor dispute; (b) If the wages, hours, or other conditions of the work offered are substantially less favorable to the individual than those prevailing for similar work in the locality; (c) If as a condition of being employed the individual would be required to join a company union or to resign from or refrain from joining any bona-fide labor organization." 44 Del. Laws, c. 207, § 6.

It is charged by the plaintiff that the Deepwater job was vacant because of a labor dispute. No strike or lock-out existed. The Camden (N.J.) Local of the National Union, with which the plaintiff's union is affiliated, had refused to send painters to the plant because of the rate of pay. The hourly rate established by the Camden Local was $ 1.37 1/2 as contrasted with $ 1.25 offered by the employer. Little, if anything, had happened between the union and the employer other than the mere refusal of the union to agree to the rate of pay. This was not a case where union men had been on the job and had left because of a dispute. It may, therefore, be seriously questioned if the position offered the plaintiff was "vacant due directly" to the disagreement which did exist.

However that may be, we fully agree with the finding of the Court below that the facts of this case do not constitute a labor dispute within the meaning of the Act. Where general words follow specific words in an enumeration describing the legal subject, the general words are construed to embrace only objects similar in nature to those objects enumerated by the preceding specific words. 3 Sutherland Statutory Construction (3d Ed.) 395. The specific words used here are "strike" and "lock-out;" the general words are "other labor dispute." By mentioning the particular types of disputes, the Legislature intended the general term to include only disputes of a like nature. This construction is a typical example of the familiar ejusdem generis doctrine. It is unnecessary for us now to attempt to make an index or catalogue of disputes that would be included within the phrase used by the Legislature. It is necessary only to say that the disagreement or trouble which existed here between the Camden Local and...