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Kalamazoo Tank & Silo Co. v UCC 15.07

Section 29(8)

LABOR DISPUTE, Adjacent plants, Refusal to cross picket line, Threats, Voluntary leaving

CITE AS: Kalamazoo Tank & Silo Company v UCC, 324 Mich 101 (1949).

Appeal pending: No

Claimant: Eli W. Adams, et al

Employer: Kalamazoo Tank & Silo Company

Docket No: B6 794 3360

SUPREME COURT HOLDING: ... [C]laimants were entitled to benefits since the situation confronting claimants was the creation of and attributable to employer and claimants were unemployed through no fault of their own.

FACTS: A picket line was established by a union, to which claimants did not belong, around both the plant where the picketers worked as well as around the adjacent plant at which claimants worked. While some employees of employer crossed the picket line, others did not do so because personal safety was threatened.

DECISION: Claimants are not disqualified for benefits due to

voluntary leaving.

RATIONALE: Claimants were denied safe access to the plant. They had nothing to do with or say about the location of the two plants of the common parking space and entrance or the joint use of the property by the employees of the two plants. At no time did employer offer claimants the free and safe access to the plant to which they are entitled.



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