LABOR DISPUTE, Interim employment
CITE AS: Great Lakes Steel Corp v Employment Security Commission, 381 Mich 249 (1968).
Appeal pending: No
Claimant: Thomas Moceri, et al
Employer: Great Lakes Steel Corporation
Docket No: B60 1064 24588
SUPREME COURT HOLDING: " ... claimants are eligible for benefits because of layoffs by their interim employers."
FACTS: Claimants were employed by Great Lakes Steel. Claimants, among others, went on strike because of a labor dispute at Great Lakes Steel. Subsequent to the commencement of the strike, claimants obtained interim employment. From this employment, claimants were laid off before the strike at Great Lakes Steel had ended. Claimants seek benefits for the period of unemployment between the time they were laid off by the interim employers and the time they returned to work at Great Lakes Steel.
DECISION: Claimants are not disqualified for benefits due to a labor dispute in the establishment in which they were last employed.
RATIONALE: The Court adopted the reasoning used by the Court of Appeals, Great Lakes Steel Corporation v Employment Security Commission 6 Mich App 656 (1967):
"We have previously held that although an employer - employee relationship did so exist between Great Lakes and the claimants for certain purposes, the interim employer became the 'establishment in which he is or was last employed,' when employment with such employer had been obtained. In our view, the interim employer then also became the 'employing unit' within the meaning of section 48."
Editor's Note: Section 29(8)(b) of the MES Act was amended after Great Lakes Steel. See Empire Iron Mining Partnership at Digest 15.35.