Labor Law-Unemployment Compensation-Applicable Disqualification Provision Where Claimant is Discharged for Unauthorized Walkout

Authors

L. R. Bishop, University of Michigan Law SchoolFollow

Abstract

Plaintiff was discharged by his employer for participating in a walkout which was not authorized by the union of which he was a member and which was in violation of the applicable collective bargaining agreement. In passing upon his subsequent application for unemployment compensation, the Appeal Board ruled that he was disqualified from receiving benefits for the duration of his unemployment because his actions had constituted "misconduct" under section 29(1)(a)(2) of the Michigan Employment Security Act. The circuit court reversed, holding that the "misconduct" provision did not apply and that plaintiffs acts were properly cognizable under section 29(1)(b) which provides for disqualification from benefits only for the duration of the "labor dispute" in which a claimant is engaged. On appeal, held, affirmed, two justices dissenting. Where a claimant is discharged for "labor dispute" activities which violate a collective bargaining agreement, the "labor disputes" section of the Employment Security Act governs rather than the "misconduct" section. Lillard v. Employment Security Comm'n, 364 Mich. 401, 110 N.W.2d 910 (1961).

Recommended Citation

L. R. Bishop, Labor Law-Unemployment Compensation-Applicable Disqualification Provision Where Claimant is Discharged for Unauthorized Walkout, 60 Mich. L. Rev. 1015 (1962).
Available at: https://repository.law.umich.edu/mlr/vol60/iss7/9