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Warblow v Kroger Co 10.55

Section 29(1)(a)

VOLUNTARY LEAVING, Good cause, Union contract, Wage concessions

CITE AS: Warblow v Kroger Co, 156 Mich App 316 (1986).

Appeal pending: No

Claimant: Jeffrey J. Warblow

Employer: The Kroger Company

Docket No: B85 01356 RO1 99512W

COURT OF APPEALS HOLDING: "Good cause attributable to the employer is not established where an employee quits due to a majority of his union agreeing to accept wage concessions, presumably in return for retaining jobs for its members."

FACTS: Claimant worked for Kroger for approximately 9 years until April 1984 when he took a medical leave of absence. While he was on leave, claimant's union negotiated a new contract with the employer which called for various concessions including a reduction in wages. When claimant was certified as being able to return to work he notified the employer he was quitting because of the contract concessions.

DECISION: Claimant is disqualified for voluntarily leaving his employment without good cause attributable to the employer.

RATIONALE: "In the instant case, plaintiff [claimant] was bound as a member of the union, by the terms of the collective bargaining agreement. He knew that the union was authorized to make decisions which were binding on all of its members. Plaintiff was constrained to accept the burdens as well as the benefits of such membership."


11, 15:NA

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