Producers Produce Co. v. Industrial Commission of Mo.

Decision Date14 May 1956
Docket NumberNo. 45190,45190
Citation291 S.W.2d 166,365 Mo. 996
PartiesPRODUCERS PRODUCE COMPANY, Respondent, v. INDUSTRIAL COMMISSION OF MISSOURI, Division of Employment Security, at al., Appellants.
CourtMissouri Supreme Court

George Schwartz, Lloyd G. Poole, Howard L. McFadden, Jefferson, for appellants.

Glenn A. Burkart, Frank C. Mann, Mann, Mann, Walter & Powell, Springfield, for respondent.

DALTON, Judge.

This is an appeal by the Industrial Commission of Missouri, Division of Employment Security, from a judgment of the circuit court of Greene County reversing certain findings and final awards of the Commission in favor of named claimants for unemployment benefits. The judgment was entered as the result of a proceeding instituted in the circuit court by the employer, Producers Produce Company, for a judicial review of the findings and final awards of the administrative agency. Section 288.190 RSMo 1949, amended Laws 1951, p. 564, Section 288.210 V.A.M.S.

Nine separate appeals in cases involving unemployment benefits claimed by employees of respondent Producers Produce Company under the Unemployement Compensation Law (now known as the Missouri Employment Security Law, Laws 1951, p. 564) have been consolidated by agreement on the theory that the issues involved in each of the appeals are the same and that they have the same factual basis. The appeals were taken to the Springfield Court of Appeals and that court reversed the judgment of the circuit court as to each of the claimants in each of the consolidated cases and ordered the final awards of the Industrial Commission as to each claimant reinstated. Producers Produce Company v. Industrial Commission, Mo.App., 281 S.W.2d 619. Reference is had to the first two pages of that opinion for a preliminary statement of the facts. The cases have been transferred to this court by order of the Springfield Court of Appeals because of the general interest and importance of the questions involved.

Appellants say 'the principal question presented is whether striking employees are ineligible for unemployment benefits so long as they remain on strike, in spite of evidence, and a finding by the Industrial Commission, that the 'stoppage of work' at the employer's establishment originally caused by the strike no longer exists.' Respondent says that 'these cases involve 537 separate claims for benefits under the Unemployment Compensation Law made by two hundred individuals, who received some $60,000, in toto, by way of benefits under said act as a result of awards made by administrative tribunals in the administration of the Law'; and that 'the general question is whether a striker is entitled to unemployment compensation benefits while he is actively engaged in picketing the employer's plant, and the further question is whether an employer must finance a strike against his own plant with funds he has set aside for the benefit of his employees * * *.' Appellants reply that 'such was not the question, the issue being simply whether these claimants, after having been replaced in their jobs while on strike, were entitled to benefits if they complied with other pertinent provisions of the Employment Security Law, including among others, the one requiring them to be available for work.' Respondent's interest in the cases arises from the fact that unemployment benefits paid are chargeable to the employer's 'account', and the aggregate of such charges, in its relation to the contributions previously paid into the fund, may prevent a reduction or bring about an increase in the employer's future contribution rates. Sections 288.050 and 288.060 RSMo 1949. The record presented here consists of 23 volumes, plus a supplemental transcript of proceedings in the circuit court, in all a total of over 4800 pages. We shall determine the issues presented as if on original appeal to this court. Art. V, Sec. 10, Const. of Missouri 1945, V.A.M.S. No new briefs have been filed in this court. The appeals have been argued here and submitted upon the same briefs and records as filed in the Court of Appeals.

The evidence common to all of the claims shows, among other things, that respondent Producers Produce Company is a Missouri corporation, organized under the Agricultural Cooperative Marketing Act and affiliated with the Missouri Farmers Association. It is engaged in the processing of the eggs, poultry and other products of its member exchanges and others at Springfield, Missouri, and it handles, grades and ships, hides, wool and mohair. On June 3, 1950, respondent had 340 employees on its payroll. On that date, Local 172 of the Amalgamated Meat Cutter and Butcher Workers of North America, an A.F.L. affilate, represented all of the respondent's production workers in contract negotiations which had been going on for some time prior to that date, and such negotiations involved wage scales and other terms of employment, including the renewal of a contract with the Meat Cutter's Union. On Saturday, June 3, 1950, the Union called a strike and the claimants, along with other production workers, failed to report for work and instead established a picket line outside the employer's plant. The picket line was continuously thereafter maintained by the Union until January 19, 1951, when an agreement was reached between respondent and the Union for termination of the strike. Respondent's plant was not in operation on June 3, 5, and 6, 1950, but thereafter respondent commenced hiring replacements on June 7th and ultimately resumed 'activities, production or service' to the extent hereinafter stated.

Shortly after the commencement of the strike, a considerable number of striking employees initiated claims for benefits under the Unemployment Compensation Law (Sections 288.010 to 288.270 RSMo 1949). Deputies of the Division of Employment Security, charged under the statute with the responsibility for the making of determinations in the first instance on benefit claims (Sec. 288.150, subsection 2, RSMo 1949, amended Laws 1951, p. 564, Section 288.070, V.A.M.S.), allowed some claims and denied others on the basis of facts presented. Some of the claimants so denied benefits appealed to the appeals tribunal (also referred to as 'Appeals Referee'). The respondent appealed to the appeals tribunal from the determinations made by the deputies which allowed claims for benefits.

Pursuant to the aforementioned appeals, taken by both the claimants and the respondent herein, hearings were held before an Appeals Referee of the Division of Employment Security. Sec. 288.150, subsection 4, RSMo 1949, amended Laws 1951, p. 564, Sec. 288.190, V.A.M.S. Thereafter, the Appeals Referee rendered decisions in which he denied benefits with respect to claims made for weeks prior to July 9, 1950, on the basis of his finding that in such weeks the claimants were unemployed due to a 'stoppage of work' in existence because of the labor dispute at the employer's establishment. He allowed benefits with respect to the claims which were made for weeks subsequent to July 8, 1950, except in cases where he found the claimants to have been unavailable for work and hence ineligible on that ground. Sec. 288.110(3) RSMo 1949. In allowing benefits to those individuals who claimed them for weeks subsequent to July 8, 1950, and who were not found to be unavailable for work, the referee did so on the basis of his finding that the claimants' unemployment in such weeks was not due to a 'stoppage of work' in existence because of the labor dispute at the employer's establishment.

The referee made other findings on issues of fact common to all of the claimants, in substance, as follows:

(1) that claimants, in withholding their services from respondent during the strike, did not intend to sever the employment relationship, but instead, 'each claimant has, by his persistent interest in the labor dispute and by his participation in the picket line, kept the employer indirectly advised of his continued interest in working after satisfactory negotiations are concluded' and, therefore, they did not leave their work voluntarily within the meaning of the Unemployment Compensation Law; and

(2) that, the claimants' participation in the labor dispute was not of such a nature as to render the claimants unavailable for work; that the picketing duties performed by the claimants were not of such extent as to render them unavailable for work within the meaning of the Act; and that the claimants were unemployed and available for work.

By agreement, these findings (with others) were by reference incorporated in and made part of the decisions relating to the individual cases wherein there was a finding that the claimant had been actively seeking work and was available for work.

Respondent took timely appeals to the Industrial Commission of Missouri from each of the decisions of the appeals tribunal in which benefits were allowed, as aforesaid. Laws 1951, p. 564, Section 288.200, V.A.M.S. The Industrial Commission denied all of such appeals and affirmed the decisions of the Appeals Tribunal (Appeals Referee). Thereafter, respondent instituted the necessary proceedings for judicial review of said decisions. Laws 1951, p. 564, Sec. 288.210, V.A.M.S.

As stated, the circuit court ordered reversed, as to each and every one of the claimants, the several decisions (Findings and Awards) of the Appeals Referee, as approved by the Industrial Commission, and the Industrial Commission appealed.

While the Industrial Commission is appellant as far as the judgment of the circuit court reversing the awards to the several claimants is concerned, the employer (respondent) had presented the cases to the circuit court by petitions for review and in reversing the final decisions and awards of the Industrial Commission as made to the several claimants, the trial court had acted upon specific issues presented to it for decision. Therefore, the...

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    ...S.W.2d 615, 617(1) (Mo.App.1975); Stallman v. Hill, 510 S.W.2d 796, 798(3) (Mo.App.1974). See Producers Produce Co. v. Industrial Com'n. of Missouri, 365 Mo. 996, 1004, 291 S.W.2d 166, 170(1) (banc 1956).17 The grantor's intention is the "pole star" of construction of a deed. Holland v. Hol......
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