Wheeler v. Director of Division of Employment Sec.
Decision Date | 29 June 1964 |
Parties | Gordon B. WHEELER v. DIRECTOR OF the DIVISION OF EMPLOYMENT SECURITY et al. |
Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
James F. Sullivan, Boston, for petitioner.
Joseph S. Ayoub, Asst. Atty.Gen. (Israel L. Cohen, Boston, with him), for Director of Division of Employment Security.
Alvin Green, New York City, for Eastern Air Lines, Inc.
Before WILKINS, C. J., and WHITTEMORE, CUTTER, KIRK and SPIEGEL, JJ.
Wheeler was and is a captain-pilot employed by Eastern Air Lines, Inc. (Eastern), also named as a respondent. For some time prior to June 23, 1962, Eastern's flight engineers had been negotiating a new labor contract with Eastern. There was in dispute principally a 'proposed reduction of the crew complement in jet aircraft by one member, [from four members (three pilots and one flight engineer) to three members], with the flight engineers insisting that the third member of the crew should come up from the ranks of airline mechanics with a flight engineer's ticket, while * * * [Eastern] wanted the third seat occupied by a so-called pilot-trained mechanic.' 1 The negotiations 'reached an impasse.' The flight engineers called a strike. Eastern cancelled all flights. All employees in Massachusetts, with few exceptions, were laid off, and there was a complete cessation of operations.
Wheeler claimed unemployment compensation. The director disqualified him from receiving benefits for the week ending June 30, 1962, and during subsequent weeks, while stoppage of work continued because of a labor dispute at his place of employment, to and including September 13, 1962. The board of review affirmed the determinations of the director. Wheeler thereupon filed this petition for review in the East Boston District Court. The trial judge concluded that 'the findings of the [b]oard of [r]eview were warranted by the evidence' 2 and in effect affirmed the board's decision. Wheeler appealed. The case is before us upon the report of the district judge.
The board of review found that a group claimants, of whom Wheeler was one, had been 'operating from the Logan Airport, East Boston.' 3 Their authorized collective bargaining agent was Air Line Pilots Association, International. The flight engineers were represented by a different union. If 'the flight engineers prevailed' in their contention, they would lose no position in jet aircraft
The board's findings continued, With this we do not agree. * * * [W]e find that if the flight engineers prevailed, it would affect the claimants somewhere along the line as members of the same union. * * * [I]t was admitted that some seniority adjustment would be necessary.'
The board concluded (with reference to to the provisions of § 25[b]), applicable statutes (emphasis supplied).
This case arises under G.L. c. 151A, § 25 ( ), which is set out in the margin. 4 There can be no doubt that Wheeler's unemployment was caused by the labor dispute and the resulting work stoppage. Wheeler cannot obtain benefits unless he sustains the burden of showing 'to the satisfaction of the director' that he meets the conditions defined in § 25(b)(1) and also those set out in § 25(b)(2). See Martineau v. Director of Div. of Employment Security, 329 Mass. 44, 51, 106 N.E.2d 420.
1. We consider first the exemption afforded by § 25(b)(1), which requires the board to be satisfied (among other things) that Wheeler was not 'directly interested in the labor dispute which caused the [work] stoppage.' Wheeler contends that there was no substantial evidence which would warrant the board's findings (a) 'that if the flight engineers prevailed, they would hold their own position and the pilots would lose one job now being held down by a pilot,' and (b) that the pilots 'had something to lose by reason of the strike and were directly interested in the outcome.'
In context the first finding, (a) just mentioned, relates to the controversy over the occupants of the cockpit on jet aircraft and does not relate, at least directly, to piston-operated aircraft. There is no indication in this statement that the composition of the cockpit crew of piston-type aircraft was in controversy. As to jet aircraft, the finding was warranted by the evidence of the plan to reduce the jet cockpit crew from four to three and the efforts to have the third man a flight engineer, rather than a pilot.
The second finding, (b) above, was apparently based upon the same evidence, and, in addition, upon evidence in substance that the increased competition for the diminished number of seats in jet cockpits might have some effect upon the pilots in piston-type aircraft. Wheeler himself testified that the Although Wheeler also testified that 'In relation to this three-man pilot crew' he could not be harmed by having flight engineers become pilot-qualified, the colloquy just set out tended to establish 5 that, through the working of the seniority rules for pilots (also in evidence), Wheeler and other piston-type aircraft pilots might be adversely affected in some measure by the outcome of the strike. We think that the board's conclusion, quoted above, that the pilots 'had something to lose by reason of the strike and were directly interested in the outcome' meant that, if the flight engineers' position should be sustained, then each pilot of piston-type aircraft, through the operation of the pilots' seniority rules, would be likely to be affected somewhat in his opportunities for, and conditions of, employment.
In Martineau v. Director of Div. of Employment Security, 329 Mass. 44, 45-50, 106 N.E.2d 420, this court considered § 25(b)(1), 6 and said (329 Mass. p. 49, 106 N.E.2d p. 424), The Martineau case was remanded to the board of review because the board's findings of fact were inadequate, but in taking this action, the court pointed out (329 Mass. p. 51, 106 N.E.2d p. 425) 'that the claimant has the burden of proving that he comes within * * * [the] exceptions' of § 25(b)(1) and (2). See Nobes v. Michigan Unemployment Compensation Comm., 313 Mich. 472, 479-481, 21 N.W.2d 820, 823 ( ); General Motors Corp. v. Unemployment Compensation Comm., 321 Mich. 724, 728, 34 N.W.2d 497 (321 Mich. 604, 33 N.W.2d 90 on rehearing) ; Henzel v. Cameron, 228 Or. 452, 464-466, 365 P.2d 498 (...
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