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

• Decision Date: 03 September 1948
• Docket Number: No. 37.,37.
• Citation: 137 N.J.L. 685,61 A.2d 267
• Parties: BERGEN POINT IRON WORKS v. BOARD OF REVIEW OF UNEMPLOYMENT COMPENSATION COMMISSION et al.
• Court: New Jersey Supreme Court

137 N.J.L. 685

61 A.2d 267

BERGEN POINT IRON WORKS

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

No. 37.

Court of Errors and Appeals of New Jersey.

Sept. 3, 1948.

Appeal from Supreme Court.

Proceeding by the Bergen Point Iron Works, a corporation, prosecutor, against the Board of Review of the Unemployment Compensation Commission and John P. Bonar, to review a determination of the board awarding unemployment compensation to John P. Bonar. From a judgment of the Supreme Court, 136 N.J.Law 645, 57 A.2d 231, reversing the board's determination, dissenting opinion, 57 A.2d 667, the board and John P. Bonar appeal.

Supreme Court's judgment reversed.

Carpenter, Gilmour & Dwyer, of Jersey City (Carl S. Kuebler, of Jersey City, of counsel), for prosecutor-respondent.

Clarence F. McGovern, of Trenton, for respondents-appellants.

PER CURIAM.

This is an appeal from a judgment of the Supreme Court reversing a determination by the respondent-appellant, the Board of Review of the Unemployment Compensation Commission, awarding unemployment compensation to John P. Bonar.

Bonar was employed by the prosecutor-respondent, Bergen Point Iron Works, as a watchman. On August 16, 1946, a strike was called at the Bergen Point plant and shortly thereafter Bonar was laid off. He remained unemployed until February 1, 1947, when he secured new employment with the Constable Hook Shipyard. He testified that when he took his new job he intended it as permanent employment and did not intend to return ultimately to the Bergen Point plant. He further testified that he continued at the shipyard as long as he could, but that he was laid off for lack of work on June 19, 1947. He was sick between June 19, 1947, and July 1, 1947, but was available for work thereafter. The strike at the Bergen Point Plant was still in progress when Bonar's claim for benefits was heard before the administrative tribunal provided for by the unemployment compensation law. See R.S. 43:21-6, N.J.S.A.

The Board of Review of the Unemployment Compensation Commission found that Bonar's unemployment between August 16, 1946, and February 1, 1947, was due to a work stoppage resulting from a labor dispute, and that under R.S. 43:21-5(d), N.J.S.A., he was disqualified from receiving benefits during that period. The soundness of this finding is conceded and is not before us for determination. However, the Board made the further ruling that when Bonar took permanent new employment at the shipyard and was subsequently laid off, R.S. 43:21-5(d), N.J.S.A., was no longer applicable, since ‘his unemployment at that time was due to the layoff by the second employer and not to the stoppage of work at the first plant.’ Accordingly, the Board determined that Bonar was eligible for benefits from July 1, 1947. On certiorari this determination was reversed by the Supreme Court (136 N.J.L. 645, 57 A.2d 231, 232, Colie J., dissenting) which stated that it did not agree that the ‘subsequent employment and loss thereof, even though it be taken for granted that it was intended such employment should be permanent, removed the disqualification.’ This places directly before us the proper construction and application of the language embodied in R.S. 43:21-5(d), N.J.S.A., that a claimant shall be disqualified for benefits: ‘* * * For any week with respect to which it is found that his 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.’

The beneficent...