Mills v. Mississippi Employment Sec. Commission

• Decision Date: 08 October 1956
• Docket Number: No. 40210,40210
• Citation: Mills v. Mississippi Employment Sec. Commission, 89 So.2d 727, 228 Miss. 789, 56 A.L.R.2d 1010 (Miss. 1956)
• Parties: , 56 A.L.R.2d 1010 Paulee MILLS v. MISSISSIPPI EMPLOYMENT SECURITY COMMISSION.
• Court: Mississippi Supreme Court

Page 727

89 So.2d 727

228 Miss. 789, 56 A.L.R.2d 1010

Paulee MILLS v.MISSISSIPPI EMPLOYMENT SECURITY COMMISSION.

No. 40210.

Supreme Court of Mississippi.

Oct. 8, 1956.

Jackson & Ross, Jackson, for appellant.

Harry M. Bryan, Jackson, for appellee.

ARRINGTON, Justice.

Paulee Mills, the appellant, appealed from a judgment of the Circuit Court of Pearl River County affirming a decision of the Board of Review of the Mississippi Employment Security Commission wherein unemployment compensation benefits were denied the appellant.The appellant filed his application for benefits under the Unemployment Compensation Act, which is known as the Mississippi Employment Security Law, Sec. 7368 et seq., Mississippi Code of 1942, as amended.

The appellant stated in his application that the minimum rate of pay he would be willing to accept for work was $2.32 per hour; that this rate of pay was the present union scale and that the non-union scale varies from $1.50 to $2.32 per hour.His claim was disallowed and he made application for a reconsideration of the decision, and in said application stated: 'If I accepted a wage less than the local union scale, $2.32 per hr., I would be subject to a $100 fine or be expelled from the union.Since this is my trade, I want to continue in good standing and keep my union membership.'The claim was again denied.The appellant was then given a hearing before the referee, and his claim was denied.Appellant then appealed to the board of review, which heard additional testimony, and the claim was again denied.The Board of Review, in its finding of fact, said: 'This appellant is without work for the simple reason that he will not accept any work at an hourly rate of less than $2.32 as fixed by his union, and will not accept non-union work.'The Board further said: 'In our opinion, appellant is not available for work within the contemplation of the Mississippi Employment Security Law,' and adopted the referee's opinion.

The sole question presented on this appeal is whether or not under the provisions of the Employment Security Law a union member may refuse to accept non-union employment by stating that he will not work for less than the union scale fixed by contract duly negotiated through collective bargaining and be denied unemployment benefits provided under the act.

Section 7378 of the Mississippi Code of 1942 sects forth the benefit eligibility conditions, and provides that an unemployed individual shall be eligible to receive benefits with respect to any week only if the commission finds that 'He is able to work, and is available for work.'The purpose of the law and its policy is stated in Section 7369, Code of 1942, as follows:

'As a guide to the interpretation and application of this Act, the public policy of this State is declared to be as follows: Economic insecurity due to unemployment is a serious menace to the health, morals and welfare of the people of this State.Involuntary unemployment is therefore a subject of general interest and concern which requires appropriate action by the legislature to prevent its spread and to lighten its burden which now so often falls with crushing force upon the unemployed worker and his family.The achievement of social security requires protection against this greatest hazard of our economic life.This can be provided by encouraging employers to provide more stable employment and by the systematic accumulation of funds during periods of employment to provide benefits for periods of unemployment, thus maintaining purchasing power and limiting the serious social consequences of poor relief assistance.The legislature, therefore, declares that in its considered judgment the public good, and the general welfare of the citizens of this State require the enactment of this measure, under the police powers of the State, for the compulsory setting aside of unemployment reserves to be used for the benefit of persons unemployed through no fault of their own.'(Emphasis ours.)

It is to be observed from the reading of the above that the unemployment must be involuntary and that the benefits must be used for persons unemployed through no fault of their own.

It will be further observed that the Act makes no distinction between union and non-union members, as they are both protected in their rights as to union membership under Section 7379(d)(2), Code of 1942, which provides:

'Notwithstanding any other provision 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, lockout, 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.'

We are of the opinion that the appellant was not available for work under the act for the reason that he did not comply with the conditions of the statute in that he would not accept work for less than $2.32 per hour.

This Court has not been called upon heretofore to decide this question, however, courts of other states which have a similar law have uniformly held that an unemployed person must comply with all the prerequisites of the act in order to claim the benefits thereunder.

In Dwyer v. Appeal Board of Michigan Unemployment Compensation Commission, 321 Mich. 178, 32 N.W.2d 434, 437, the Supreme Court of Michigan said:

'We now come to the most important question of the case: What is the meaning of the word 'available' as it is...