Works v. Bd. Of Review Of Unemployment Comp. Comm'n, 246.

• Decision Date: 10 March 1948
• Docket Number: No. 246.,246.
• Citation: 57 A.2d 667,136 N.J.L. 645
• Parties: BERGEN POINT IRON WORKS v. BOARD OF REVIEW OF UNEMPLOYMENT COMPENSATION COMMISSION et al.
• Court: New Jersey Supreme Court

136 N.J.L. 645

57 A.2d 667

BERGEN POINT IRON WORKS

v.BOARD OF REVIEW OF UNEMPLOYMENT COMPENSATION COMMISSION et al.

No. 246.

Supreme Court of New Jersey.

March 10, 1948.

Dissenting opinion.

For majority opinion, see 57 A.2d 231.

COLIE, Justice (dissenting).

I am unable to agree with the holding of the majority in this case.

R.S. 43:21-2, N.J.S.A., embodies a statement of the public policy with reference to the unemployment compensation aspect of social security and because I deem that statement of importance in a consideration of the question raised in this case, it is set forth in full:

‘As a guide to the interpretation and application of this chapter, 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 requires 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 after qualifying periods of employment.’

In the instant case, John F. Bonar was laid off from his employment with Bergen Point Iron Works because of a strike at that plant. For the unemployment resulting therefrom, he was clearly disqualified from receiving unemployment benefits by reason of the provision of R.S. 43:21-5(d), N.J.S.A., which provides for disqualification ‘for any week with respect to which it is found that his total unemployment is due to a stoppage of work which exists because of a labor dispute at the factory, establishment, or other premises at which he is or was last employed * * *.’ As a...